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U.S. COMMISSION ON CIVIL RIGHTS
I he i IS. < ommisslon on < i v i l Rights is an Independent, bipartisan ageru y firsl established by
( ongress In 1957 and reestablished In 1983. It is directed to:
• Investigate complaints alleging thai citizens are being deprived of theii righl to vote bj
reason ol their race, color, religion, sex, age, disability, or national origin, or by reason oi
fraudulent practices;
• Study and colled information relating to discrimination or .1 denial oi equal prote< tion oi
the laws under the Constitution because of race, color, religion, sex, axe, disability, or
national origin; or in the administration oi justice;
• Appraise Federal laws and policies with respect to discrimination or denial of equal
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or in the administration of justice;
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origin;
• Submit reports, findings, and recommendations to the President and Congress;
• Issue public service announcements to discourage discrimination or denial of equal
protection of the laws.
In furtherance of its fact-finding duties, the Commission may hold hearings and issue
subpoenas (within the State in which the hearing is being held and within a 100-mile radius of the
site) for the production of documents and the attendance of witnesses.
The Commission consults with representatives of Federal, State, and local governments, and
private organizations.
Since the Commission lacks enforcement powers that would enable it to apply specific
remedies in individual cases, it refers the many complaints it receives to the appropriate Federal,
State, or local government agency, or private organization for action.
The Commission is composed of eight Commissioners four appointed by the President and
four by Congress. Not more than four of the members can be of the same political party. From
among the Commission's members, the President designates the Chairperson and Vice
Chairperson with the concurrence of a majority of the members.
Commissioners serve staggered terms of six years. No Senate confirmation is required. The
President may remove a Commissioner only for neglect of duty or malfeasance in office.
Except in August, the Commissioners hold monthly meetings and convene several other times
a year to conduct hearings, conferences, consultations, and briefings.
The Commission has 51 Advisory Committees— one for each State and the District of
Columbia. Each is composed of citizens familiar with local and State civil rights issues. The
members serve without compensation and assist the Commission with its fact finding,
investigative, and information dissemination functions. Members are nominated by
Commissioners or the regional director for the area and voted on at a regular meeting of the
Commission. The tenn of office is two years.
A full-time Staff Director oversees the day-to day activities of the Commission, headquartered
in Washington, DC. The Staff Director is appointed by the President with the concurrence of a
majority of the Commission's members, and serves at the pleasure of the President. All
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Each of the Commission's six regional offices coordinates the Commission's operations in its
region and assists the State Advisory Committees in their activities. Regional offices are in
Washington, Atlanta, Chicago, Kansas City, Denver, and Los Angeles.
The Commission's Robert S. Rankin Civil Rights Memorial Library is situated in Commission
headquarters, 624 Ninth St., N.W., Washington, DC 20425.
The Commission and its State Advisory Committees have produced hundreds of reports and
studies on national, regional, and local civil rights matters. Copies of these publications are
available free to the public, as is a "Catalog of Publications," by request to the I\iblication Office,
U.S. Commission on Civil Rights, 624 9th Street, N.W. Room 600, Washington, DC 20425.
The U.S. Commission on Civil Rights is an independent, bipartisan, fact-finding agency
charged with a variety of functions relating to discrimination or a denial of equal protection of the
laws because of race, color, religion, sex, age, disability, or national origin, or in the administration
of justice. Articles and other material contained herein do not necessarily reflect the policy of the
Commission, but are offered to stimulate thinking and discussion about various civil rights issues.
CIVILRIGHTS
I ditor
David Aronson
Copy F.ditor
Marcia lyler
Editorial Assistant
(arolita Little
Interns
Susan Dobc-rt
Troy Emmons
Beth Johnson
Jenessen Nelson
Christina Rasco
Judith Siegel
Design Consultant
Michelle Wandres
Photo is Cartoon Credits
Cover & Page 4: Paul J.
Demaria/The New York Times.
Page 7: Scott Nelson/Agence
France Press.
Pages 12, 13, 17, 36, 38: Corbis
Photos.
Pages 27, 28, 29: Carole
Gallagher.
Pages 49-54: Wayne Miller.
Magnum Photos.
U.S. Commission on Ch
Rights
Mary Frances Berry
Chairperson
Cruz Reynoso
Vice Chairperson
Carl A. Anderson
Christopher Edley. Jr.
Elsie M. Meeks
Yvonne Y. Lee
Russell G. Redenbaugh
Victoria Wilson
Ruby G. Moy
Staff Director
CIVILRIGHTS
| US COMMISSION ON CIVIL RIGHTS |
Fall 2000
Volume 5, Number 1
The New Slavery
by Jesse Sage
Why the Nation's Civil Rights Community
Must Respond to the Rise in Involuntary
Servitude
12
Death on the
Border
by Karen Hastings
Increased Patrol Efforts
Have Helped Bring
Peace to Border Towns,
but at What Cost?
18
What's Wrong with this Picture?
by Martin Gilens
How the News Media Misrepresent Blacks
and the Poor
27
Human
Radiation
Experiments:
The Still .
Unfolding
Legacy
by Dan Guttinan
History Taught the
Lessons: Did We
Learn?
33
Going Global
by Gay McDougall
Internationalizing Civil Rights Helps Put the
Pressure Back on Washington
36
Putting a Lock on Justice
by Carl Cannon
The Hidden Costs of Disproportionately
Incarcerating Minorities
42
Crossing the Wall?
by Harry Lynn and Richard Ci/.ik
A Debate on Charitable Choice and the
Separation of Church and State
46
State of the Disabled
by Mary Dolan
A New Survey Examines Trends in the
Quality of Life of Disabled Americans
49
Chicago's South Side
by Wayne F. Miller
A Photo Essay from the 1940s.
, ^25*"
BOOK REVIEWS
55 Myths of a Golden Era: Motherhood in the 1950s
by Elizabeth Bernstein
58 Love Everybody Right Now
by Aleta Richards
60 "A Hopeless Condition of Exile"
by Margaret Meltzer
62
Capsule Reviews
The Civil Rights Journal is published by the U.S. Commission on Civil Rights, us part of its clearinghouse responsibilities. Editorial inquiries and manuscript sub-
missions should be directed to The Editor, Civil Rights Journal, U.S. Commission on Civil Rights, 624 Ninth St., N.W., Washington, DC 20425.
Articles and other material contained herein do not necessarily reflect USCCR policy but are offered to stimulate Banking and discussion about various civil rights
issues. No permission is required to quote or reprint contents with the exception of those that are copyrighted by authors or from other publications.
The Civil Rights Journal is available from the superintendent of Documents, Government Printing Office, Washington, DC 20402. Use of funds for producing Uie
Civil Rights Journal has been approved by the Director of the Office of Management and Budget.
2 Civil Rights Journal / Fall 2000
Three Questions
Abolitionism is a quaint word, a 19th century word, a
word thai conjures up woodcuts of Crocked men with
muttonchops and bluestockings in whale-bone corsetsj
we can imagine them now, over-earnest types milling
about the podium, the speaker in a teapot pose, one
hand stabbing the air. the other palming a bible. It all
seems so ettorttul, so Sunday-schoolish. Even the ( i\il
War, which ought to invoke a hushed respect (as main
Americans died in one day ol lighting at Antietam as
died in 14 years in Vietnam), seems antiquated, a toy -sol-
dier version ol itself.
Onlv it wasn't, ol course. And the men and women
depicted in those textbook illustrations were every hit as
ambiguous, troubled, and complex as ourselves. In truth,
thej maj have one up on us: rhey, at least, could claim
a strenuous moral engagement in their time, whereas we
often seem to float above any serious political work, pre-
ferring the sham of symbolic recognition over the sub-
Stance ol change. What passes for progressive political
action today tar too often benefits those who are already
politically mobilized over those who are not.
Case in point It took a ( IA report to bring some pub-
lic attention to the massive number of women and chil-
dren being brought into this country every year to work
on terms of indentured servitude and slavery. A leaked
copy of the report led t< > a st< >ry < >n the back pages of the
New )ork rimes which led to . . . absolutely nothing. No
Congressional hearings, no demonstrations, no coalition
ot outraged constituency groups demanding that our
gl >v eminent do more to end this SCOUrge. To be an abo-
litionist today risks sounding like a flat-earther: a cham-
pion oi the eccentricly ana< hronistic.
i xcept that there are slaves today in \merica. I Ins
bears repeating: I here are slaves today in America.
According to the ( IA report, SO, (MM) new slaves arrive on
oui shores ea< h year. I he) work in our fields; they work
in our dothing factories; they work in brothels and on
street corners. Hut who now is saving, as Frederick DOU-
glasssald to his enslaved brethren, "What you sutler, we
sutler; what vou endure, we endure"'
In a recent episode ol the FOX IV show The Simpsons,
the townspeople mobilize to protest the lack ot police
protection alter .1 bear attacks Homer in his front yard;
when the mayoi protests that this is clear!) a freak acci-
dent, a woman in the 1 rowd cries out: " I hink ot the chil-
dren'" later, the same crowd, angered about the' high
taxes the) are pa) ing tor mc reased protection, again con-
fronts the mayor. Again, the woman protests, "Think ot
the children'"
It's hard to think ot a political cause that slogan can't
appl) to. still, not all applications are equalh valid And
one group ot children who aren't being much thought
about are the million and a hall sons and daughters ol the
country's inmates, in his article on the disproportionate
incarceration of minorities, National Journal writer Carl
( am ion points out the short-sightedness ot this approach.
1 he children who most need extra resources and attention
aren't getting them. Twenty years from now, when these
policies have produced another generation of inmates,
there will no doubt be plenty of tolks nodding sagely
about how the acorn never falls far from the tree.
A scholar at the RAND Institute (hardly a liberal
redoubt) recently argued that drug treatment programs
would reduce serious crimes (against both property and
persons) the most per million dollars spent — on the order
of fifteen times as much as have current mandatory incar-
ceration policies. Nco-conscrvatives gained political trac-
tion in the 1970s and 1980s arguing that traditional liberal
solutions failed those they were designed to help. With
America's prison population projected to pass the two mil-
lion mark in the next year or so, surelv there are some neo-
tiberals out there to argue that our current law-and-order
policies simply aren't prov ing cost-effective?
A recent paper published by the National Bureau of
I conomic Research demonstrates the complexities of cur-
rent race matters. It finds that juries, on average, sentence
drunk drivers to seven years in jail for killing a white
woman, tour years for killing a white man, and two years
lor killing a black man. 1 his is true regardless ot what race
the drunk driver is; no word regarding the composition ot
the' jury.
Assume that the finding holds mu\ that the relevant
issues have been controlled for— NBER has a prett) solid
reputation. It's easy to take any one part ol this finding
ami arrive at a predictable conclusion. It's hard to know
what to makeol it all. Docs society value women twice as
much as men.' Whites twice as much as blacks? Why do
the disparities depend on the race of the victim but not ol
the perpetrator? I he social psvc hologists ol an earlier age,
like I heodore Adomo and ( lordon Alport, gave us a the-
ory ol prejudice based on the o|xrations of the authori-
tarian personality— plausible enough, in the age ot Hull
( onnoi and in the shadow ol Nazism. Hut we need a new,
more nuaiHed a\\^.\ non-judgmental understanding of
prejudice < lariry the subtle ways prejudice operates today,
and you'll accomplish fai more than all the hlusterv
denials and moral bullying that charai teii/e so much ot
our current discussion. 1 I hat's a question.) D
Fall 20O0 / Civil R
FROM BOND
"You CAN CALL ME DAWN," the voice at the other end of
the line said. "I am contacting you because there is a
woman enslaved in the apartment across the hall from
my mother."
Not your everyday phone call, even at the American
Anti-Slavery Group. Founded in 1993 to monitor con-
temporary slavery worldwide, the organization I work
for focuses primarily on chattel slavery in North Africa.
We publicize the plight of enslaved African women and
children, bought and sold like cattle in countries such as
Sudan and Mauritania. Advocates for silenced victims in
distant countries, we work to make their cases immedi-
ate to the international community.
But suddenly slavery itself was immediate. Dawn's
mother lived just minutes from our offices in Boston.
Dawn explained that a couple from Saudi Arabia with a
young son moved in across the hall from her mother. A
Thai woman who speaks no English lived with them.
"When the couple leave for work, she runs across the
hall to my mother's, crying. We can't understand her,
but she appears to be the boy's nanny — and she shows
signs of physical abuse."
Dawn had gotten our number from Amnesty Inter-
national (Amnesty, which does not include slavery in its
mandate, forwards questions on slavery to us). Her
mother feared being part of any official investigation,
and refused to contact the police. Dawn was also con-
cerned and would only provide the Saudis' address. "I
am afraid to get any more involved. I just want to make
sure that this woman gets help."
What to do? Never having handled such a case
before, we decided to try to talk to the woman herself. A
translator from one of the local language schools kindly
volunteered to help, but could not accompany us to the
apartment building. She would stand by to talk to the
woman via cell phone.
One hour before our noontime visit to the apartment
building, Dawn called to report that the woman had
fled to the building's parking attendant, begging for
help. The police were now investigating, but meanwhile
the woman had been returned to the apartment.
4 Civil Rights Journal / Fall 2000
*
The civil rights community must respond
to the disturbing rise in cases of
involuntary servitude in the United States.
by Jesse Sage
A
Later, I spoke with the police detective assigned to the
case, who expressed concern hut explained little could he
done. The woman's "owner" had legal Immigration
papers for her, as well as a letter from her husband con-
senting to his wife's work.
"The woman's account of forced servitude is really
shocking, but we have no legal basis for pressing
charges,'' lamented the detective. "She has nowhere to
go, so she went back."
New Economy, New Slavery
In 1866, just as the U.S. was completing passage of con-
stitutional measures against slavery, Frederick Douglass
presciently noted the tenacity of the nation's peculiar
institution. "Slavery, like all other great systems of
wrong, founded in the depths of human selfishness, and
existing for ages, has not neglected its own conserva-
tion," Douglass observed. Today, it is so strong that it
could exist, not only without law, but even against law."
Yet even Douglass could never have foreseen just how
strong slavery would grow, today, in the year 2(XX), when
slavery is deemed illegal In every country and in numer-
ous Internationa] treaties, more people live In bondage
worldwide than ever before. And, as new studies indicate,
tens of thousands of these victims are enslaved on our
shores, in our cities, even in our own backyards.
Using a simple but strict definition of slavery — forced
labor lor no pay under the threat of violence — sociologist
Dr. Kevin Bales estimates that 27 million people live as
slaves worldwide. In his groundbreaking new book D/s-
posable People: New Slavery in the Global Economy, Bales
advances the thesis that much of contemporary slavery
has become a quasi-industrialized institution: a brutal but
i tin nut and profitable process of entrapment, exploita-
tion, and abandonment slaves are lured or abducted from
their homes, psychologically and physicall) intimidated,
forced to work In de-humanizing conditions, and then
discarded when they are too ill t<> work.
Chinese refugees from a ship that grounded off the Rockaway
Peninsula in Queens, 1993.
Fall 2ono i \\
Bales contrasts this "new slavery" with the paradigm
<>t chattel slavery so familial from American history
Slaves in the 1850s were a valuable commodity; worth
on average (60,000 In today's terms. Masters therefore
tended to sustain slaves during Infancy and old age,
despite making relatively small profil margins <>n slave
laboi (roughly 5% annually).
( riven today's massive population boom in regions oi
staggering poverty modern masters Instead enjoy a sur-
feit i»t potential slave labor and enormous potential prof-
Its. With slaves traded for as little as $30, masters employ
slaves only when they are profitable, then discard them.
In an age of record salaries and a booming economy,
some human lives have never been less valuable.
Today, in th
TREATIES^ RARE PEOPL
BONDAGE
Slave labor touches us in many ways. Charcoal from
forced laborers in the Brazilian rainforest makes the steel
in our cars. Oriental rugs found in our homes are woven
by Pakistani child slaves. Sweet "beedi" cigarettes rolled
by slave children in Indian are smoked by thousands of
American teens every day.
And according to a November report by the CIA,
50,000 people were trafficked into the U.S. in the last
year. "Trafficking to the U.S. is likely to increase," the
report noted. "INS and Labor Department officials fear
that the problem is not only bigger than they thought
but also getting worse." The apartment across from
Dawn's mother was no isolated case.
Land of the Free
In retrospect, the news is hardly shocking. Evidence of
slavery in America has been steadily mounting. In 1978,
for instance, FBI agents in Miami discovered Rose Iftony, a
young girl from Siena Leone, held as a domestic slave and
kept inside the house of a Pakistani couple. One agent
referred to Rose's bondage as "the first classic case of slav-
ery [in the U.S.] this century that the FBI knows of."
In 1992, a slavery case in another Boston suburb made
national news. A young Sri Lankan women, Vasantha
Gedara, was rescued by police from the home of a
Kuwaiti couple in Quincy, Mass. Like thousands of other
Asian women, Gedara had sought employment as a
domestic worker in Kuwait. She agreed to travel to the
U.S. with the son of her employer for $250 per month
plus room and board. But what she discovered after land-
RNATIONAL
RLDWIDE THAN
mg at Logan .ii r j k »i i was .i life <>t domestic sto
i.ii.ii \lzanl I, .i W year-old graduate student .it Boston
University, and his wife forbid < ledara to leave the house,
gavi in i no days on" from housekeeping, forced bei to
sleep on the Boor, fed hei si raps, and threatened to Kill
her il she lett the apartment " I hey tell me if I go out,
policemen Will shoot and kill me," she later told
reporters. "I believe it."
Private nurses taring tor the Al/anki's ill son l«
SUSpidOUS. Alter sneaking ( nil. ir.i food lor several weeks,
the\' arranged fol a police officer to rescue her from the
apartment. In 1994, Al/anki w.is convicted of involun-
tary servitude, while Hollywood producers courted
Gedara about doing a movie on her life.
Perpetrators of invol-
untary servitude come
from around the world.
A January 2000 front-
page story in the Wash-
ington Post described the
plight of a Brazilian
maid kept for years as a
domestic slave by com-
patriots in a DC suburb.
In August, a couple from
Cameroon living in Detroit was indicted for enslaving a
young girl they had imported as a nanny.
Yet for every successful rescue and rehabilitation,
there are thousands of cases that either go undetected or
are never prosecuted (as I learned firsthand). By the
numbers, roughly 30,000 women and children are traf-
ficked annually from Southeast Asia, 10,000 from Latin
America, 4,000 from the Newly Independent States and
Eastern Europe, and 1,000 from other regions.
Cases of contemporary involuntary servitude are by
no means limited to the domestic sphere. In 1997, a
group of hearing-impaired and mute Mexicans were
enslaved, beaten, and forced to peddle trinkets in New
York City. The FBI is now even investigating cases of
women being sold as sex slaves via Internet-auctions.
In the peach-picking industry, some migrant domestic
workers — immigrants and native Americans — languish
in bondage to overseers, who keep ledgers of ever-grow-
ing worker debts that must be repaid in labor. Despite
prominent coverage of industry abuses by CNN and CBS
News, problems persist. In 1998, authorities were able to
liberate 28 indentured laborers in South Carolina when
crew leaders accidentally revealed their second, illicit set
of books to inspectors. According to Dianne Mull, Exec-
utive Director of the Virginia-based Association of Farm-
worker Opportunity Programs, there are "too few pro-
tective laws under agriculture labor standards."
A group of Columbia graduate students recently
demonstrated how easy it is to locate cases of involun-
tary servitude. While working on a global report for our
organization, the students visited New York's
6 Civil Rights Journal / Fall 2000
( hinatown, where thej located young women trapped
in debt bondage waiting outside black market employ-
ment agencies. I he women had been smuggled mt'> tin.-
country illegally bv "snakeheads," and were now forced
to work In the snakeheads' massage parlors to pay off
their $50,000 debts.
In .1 growing global economy, the US. Is Increasingly .1
nexus for all sorts ol International trade, Including human
traffic rhe ( i\ report dtes several reasons for America's
new appeal: weak economies In countries <>t origin; low
risk ol prosecution and enormous profil potential tor tr.it-
tkkiTs; and Improved intiTiiation.il transportation Infra-
structures. Organized < rime
syndicates from the Russian
Mafiya to < hinese Immigranl
smuggling rin^s have discov-
ered a lucrative racket and are
cashing in.
As Americans have become
Increasingh aware ol slavery,
the response has been encour-
aging hut tar irom adequate.
law enforcement officials are
devoting Increasing resources,
< ongress is considering ex-
panding existing statutes, and
non-profits are springing up
to aid \Ktims and formulate
policy. Yet no popular anti-
slavery movement has taken
root While individual citi-
zens have been instrumental
in Identifying cases ol Invol-
untary servitude, uvil society
as a whole has not mobilized
to confront this fundamental
mil rights violation.
ment tor transportation iosts, and threatened anyone
who tried to escape this debt bondage. * hildren were even
held as hostages, and two workers who tried to escape
were beaten and suit ba< k to 1 hailand.
1 he garment factor) had operated for nearl) three
years without attracting much notice, "it you passed by
here, you wouldn't have thought they had a business
going on Inside," remarked one neighbor. Another
admitted thinking little ol the house's spiked fences and
barred windows: "I thought thai the barbed wire was a
pni. mt ion against crime In the area." Who would have
thought that the real Crime was instead inside.'
The Clothes off Our Backs
< heck the designer label on
youi shirt. On August 3,
1995, t alifomia labor offic lab asked the public to do just
that, rhe occasion: a press conference held to announce
the liberation <>t a slave workshop in the Los Angeles
suburb ol II Monk-. Seventy-tWO I hal workers had hem
trapped Inside, working 16-hour days sewing garments
with labels like Macy's, 1 ilenc's and He* fit's.
"Perhaps some ot the clothes we are now wearing
might have been made at this location," announced ( ali-
fomia State labor ( ommissioiur Victoria IHadshaw "I
never would have Ulievid a situation like thiSCOUld exist
m the United states." Do/ens ot Illegal lhai Immigrants,
most ot them bused straight from .nr|>ort, were linked up
and guarded by night, and forced to sew garments tor
si '.11 .in hom bj day. Factory owners demanded repay-
Three-year-old Phanuphong Khaisri of Thailand plays with his court-appointed temporary guardian
in Los Angeles, May 2000. Phanuphong, nicknamed "Cot, " was detained in the company of two
unrelated adults who were using him in an apparent scheme to smuggle indentured servants into
America.
In a pre-dawn raid, Immigration offic lals stormed the
compound. Six lhai nationals were subsequently
charged with peonage, or involuntary servitude Invoh ■
Ing repayment ot debts. Bolstered by prominent
national puss coverage, Victims quickl) received assist -
ance from local aid groups and even labor Secretary
Robert Reich, who announced a suit tor back wages
against manufacturers and retail chains. Vktims even-
tual!) won a S4 million OUt-of-COUTt settlement.
1 1 Montr proved a watershed. \s one high-ranking
lUStice Department official notes, "We became aware
ot invoiuiitarv servitude relatlvel) recently, rhe El
Montr case was the first prominent case that we
brought."
Pall 20
Lack of Diplomacy
As .inv steamed New Yorker ( an relate, diplomats nevei
|i,n parking tickets. Undo the Vienna ( onvention on
I )jpi( mi.it [< Relations, foreign diplomats cannol be pros-
ecuted i»\ .1 host country. While the state Department
expects envoys in abide by local laws, Including wage
.mil hour provisions, there is a growing concern among
labor activists thai diplomatic immunity has become a
convenienl cover lor slavery.
I first heard of slaves in embassies from Moctar Teyeb,
the Outreach Director oi our organization and himself
an escaped Mauritanian slave. As reported In a fanuary
cover story for the /Ww Yorker, Teyeb has a relative who
arrived In the U.S. as a slave for a Mauritanian diplomat.
According to Teyeb, African slaves can be found in Mau-
ritanian missions throughout the U.S.
But what I initially thought was a unique outpost of
Mauritania's 800-year-old system of black chattel slavery
turns out to be part of a much larger phenomenon.
LE ARE TR
KED INTO T
According to officials at Human Rights Watch, which is
currently investigating the treatment of migrant domes-
tic workers with employment-based visas, wage and
hour abuse inside the diplomatic corps are rampant. One
study of 43 potential cases uncovered 42 violations, of
which 14 could be deemed involuntary servitude.
Though not a random sampling, the results are sufficient
cause for concern.
Researchers cite the recent plight of Shamela Begum
as a textbook case. Begum, the wife of a vegetable vendor
in Bangladesh, watched friends work abroad and return
with money to build new homes. Though illiterate, she
signed on as a domestic worker in Bahrain, only to find
herself working for her employer's brother in New York:
Mohammed Saleh, the second secretary at the Bahraini
Mission to the UN.
In Bahrain, U.S. Embassy officials had issued a visa
after viewing a minimum wage contact with free room
and board. But, in December of 1998, when Begum
arrived at Saleh's East Side Manhattan apartment near
the UN, her passport was confiscated. She was fed little,
beaten occasionally, and could only leave the apartment
accompanied by the Salehs. "I just cried," she later told
reporters. "They wouldn't let me see another human
being."
On one short walk around Manhattan with Saleh's
wife, Begum heard a sidewalk vendor speaking her native
Bengali. When the couple later left town, she slipped out
and traced her way back to the vendor, and poured out
ha ItOty. Aiidol.in, ■ > South \sian workers' rights group,
promptly alerted the |wii< e, who seized Begum but <ouid
not press i barges against Saleh
With legal assistance from the Isian-Amerfcan u-gal
i defense and I dm attonal I und, Begum sued the Salehs
As her lawyer, < haumtolJ Huq, remarked "Hiring an
employee to c lean your house and wati h your children
is not related to consular functions and should not Ir-
Immune from Federal and state- law." ihe Clinton
Administration, however, sided with the defense, fearing
retaliation against American diplomats abroad. Still, pub-
licity from prominent New Yak lions coverage of the
case compelled the Salehs to settle out ot court tor an
undisclosed sum.
Cases like Begum's have become daily news tor |oy
Zarembka of the DC-based Campaign for Migrant Domes-
tic Worker's Rights. ( )|>erating out ot the Institute for Pol-
icy Studies, the campaign focuses on cases of involuntary
servitude under work-visa conditions. The campaign ini-
tially lobbied the IMF and World Bank to adopt employ-
ment guidelines for
diplomats.
Wm f. Then the calls started.
Reports of slavery cases
began streaming in, and
Zarembka found herself
"becoming more of a
victim support service than a straightforward advocacy
campaign." With a coalition of two dozen DC area serv-
ice organizations, the campaign provides vital assistance
to victims who are often illiterate and speak no English.
Of late, Zarembka's office has been receiving five cases a
day, including one involving an Ivy League professor
and another featuring a 200-unit luxury hi-rise filled
with Indonesian women serving Middle Eastern diplo-
mats and students.
Profiting from Prostitution
One of the most prevalent forms of slavery involves traf-
ficking women into the country for sexual purposes. And
for the traffickers, business is booming. According to the
INS, over 250 brothels in 26 different cities likely involve
trafficking victims. The CIA report estimates that some
crime syndicates have made as much as S8 million in
recent years pimping trafficked women.
Whether coerced or abducted into prostitution,
women and girls are profitable twice-over. Initially, they
are charged inflated prices for empty promises — alleged
jobs, false documentation, housing, food, transporta-
tion, and even protection — for which traffickers demand
repayment. Once transported (either to the advertised
destination or far from it) victims are then forced into
prostitution and other sex-related industries. Robbed first
through their purses, women are then robbed through
their bodies.
8 Civil Rights Journal / Fall 2000
Si\ trafficking draws mastets and victims from .mi our
the world to the United states. In one recent case. Russ-
ian-American Alexander Mishulovich was found guilt) i>t
luring Latvian women to< hicago under the pretense thai
the) would be employed as (< lothed) dancers In high-end
dubs, i Ipon arrival women were Instead forced to dance
t< ipks-s or even completely nude Rather than receiving
the promised (60,000 salary, victims were beaten and mal-
treated, and \tri|>|K-d ot their passjxirts and visas.
I lu- 1995 case ol US. v. Witttanastri focused on a Ger-
man national living in lhailand, Ludwig lanak, who
recruited ITial women tO the U.S., where the) were
forced Into prostitution by I ha] traffickers and a Korean
madam. I his transnational trade was partii ulart) shock-
ing; the women were detained in an underground
brothel with barred windows and 24-hour surveillance
until the) paid i >n their sas.imk) smuggling debt Main
were forced to have Sex with 4<MKS(K) men m order to
redeem themselves.
Sex trafficking is not limited to adults — or females, in
May, a ( olorado jury convicted a math teacher, Michael
i hades smith, lor Importing Mexican boys to Denver for
sex. Indeed, tin- eases are main, the ahuse horritie — and
the profit, tor the tew and the lieree. ean lx' tremendous.
In response, some activists, like Ann |ordan ol the I )( -
based International Human Rights Law Group, are creat-
ing their own global network. |ordan has helped dralt a
UN protocol on anti-trafficking legislation and notes
that the guidelines are not only applicable in trafficking
hotspots like ( ambodia or Bosnia: "I have been usinn
the protocol to lobby tor legislation here in the U.S."
The Perfect Crime?
In away, sia\er\ is the perfect crime. Masters take advan-
tage ot poor, uneducated victims who .ire typically part
ot the underclass— and who find themselves in a strange
new land where they cannot communicate. I he victim's
Inability to speak out ensures virtual impunity.
i onsequentiy, combating contemporar) slavery cm
seem overwhelming. As the ( IA report notes: "Uncover-
ing, Investigating, and prosecuting... cases while pro-
tecting, assisting, and repatriating trafficking victims is a
complicated and resource-intensive task." ( >t course, the
mere tact that the- < I A has issued a report on trafficking
indicates significant progress. As Kevin Hales notes,
"Now even the < I \ has a figure tor the prohlem."
one government official cites the 1995 Beijing < on-
Icrcnce on Women as a turning point, at least on the
issue ot trafficking In women. "In Beijing, the world saw
anti-traffk kmx measures i hamptoned t>\ strong women
leaders like Millars ( hnton and Madeleine Albright Mils
sent a message." More i ynkally, the official suggests thai
the rise m I astern I uropean victims may have played a
part as well. "Suddenly you had large numbers of white
women being Caughl up In what had once- been
If you suspect a
case of involuntary
servitude...
Both activists and law enforcement officials
agree that the public should be on the alert for
cases of slavery. But what to do in response
remains a subject of dispute. While FBI officials
encourage citizens to "call the local police," a
human rights activist insists, "Don't call the
local police." On the bright side, the public has
an increasing number of resources at its
disposal. Below are several good avenues
citizens can pursue:
■ The toll-free National Worker Exploitation
Hotline (1-888-428-7581). Department of
Justice staffers are available from 9 to 5 EST.
Calls are confidential, and all tips that come
in are referred to attorneys in the Civil Rights
Division.
The Campaign for Migrant Domestic
Workers Rights (202-234-9382 x244). |oy
Zarembka can help with translators and
housing, particularly in the DC area and
Northeast.
The Coalition to Abolish Slavery and
Trafficking (21 3-473-161 1). Jennifer Stanger
and her colleagues can provide direct
support (including shelter), most easily for
cases in Southern California.
The American Anti-Slavery Group (1 -800-
884-0719). The toll-free line is open from 8
to 7 EST, and staffers speak Arabic, Spanish,
French, and German. We primarily provide
general advice and referrals to appropriate
law enforcement and local aid groups.
I all 2000 / Civil
perceived as a primaril) Vslan phenomenon " Moreover,
the new traffickers Russian gangsters, foi Instance
were also white.
On the domesth front, the Laboi and [ustlce Depart-
ments unveiled .1 new Initiative .ig.iinst employraenl
abuse In April <>i 1998 i>\ forming the National Worker
Exploitation task lone. \ coalition <>i various govern
menl offices, the Task Force recently opened a toll-free
hotline lor reporting rases of labor abuse, Including
Involuntary servitude. Alter a prominenl feature on
domestic slavery in a February 2000 issue of Parade
magazine, the hotline received 500 calls in a four-month
span, though operators admit that calls have slowed
since June to only several calls per week.
Successful prosec ulion and humane tn-.itm. n<
iii the ensuing publicity, more and more <as«s kepi
coming to the local 1 ' s Attorney s office, whk h ( ontin-
ued to rely on communfc) groups. lb meet the growing
demand foi a victim support project, CAS1 wis formed
Housed m LA's Little Ibkyo s<mi.iI Scr-. with
"two desks, two phones, and access to a coffee
machine" < \si Is a community care network that pro-
vides 1 ulturally- and linguisticalh -appropriate ( are to vic-
tims through a coalition of ethnic service providers. With
1 haJ "i lients," lor Instance, < AS1 turns to the 1 hal ' om-
munity Development (.enter, Ihai doctors and mental
health counselors, and Ihai-spcaking legal services.
CAST maintains a primarily Asian focus, and currently
assists 15 survivors,
ranging in age from two
to 61. As a sign of how
limited non-govern-
mental resources are.
CAST remains the only
mandated direct service
provider to victims of
slavery in the U.S.
NTAL IN ,
, AVIL SOCIETY
NT THIS
Calls to the hotline are quickly passed on to attorneys
working in the Civil Rights Division of the Department of
Justice (DOJ). Yet while DOJ officials state that they have
prosecuted dozens of cases in the last few years, the CIA
report notes: "State and local law enforcement officials
appear to have only scratched the surface of the problem."
DOJ officials stress that they have significant man-
power available, with 40 attorneys in Civil Rights Divi-
sion bolstered by U.S. District Attorneys' offices in 94
locations across the country. Still, the CIA report cites
several operational deficiencies in the DOJ's response
structure: "Even within the DOJ, information is not
always shared among the concerned offices... Many FBI
agents say it is difficult, if not impossible, to formally
write-up the cases... Furthermore, there is no one central
repository of all the trafficking in women and children
cases within the United States."
Even when they can investigate, Federal prosecutors
face several daunting challenges. Officials note that the
crime typically occurs "behind closed doors," as lan-
guage and cultural barriers isolate the victims. To infil-
trate ethnic crime groups, some officials say more ethnic
Chinese and Spanish-speaking agents are needed. They
cite the sweatshop in El Monte, where a Thai-speaking
agent helped break the case.
El Monte also suggested new ways in which govern-
ment and civic groups could work together against slavery.
According to Jennifer Stanger, Media and Advocacy Direc-
tor of the LA-based Coalition to Abolish Slavery and Traf-
ficking (CAST): "El Monte became a model of how gov-
ernment and community groups could cooperate for
Problems Stopping Traffic
At the center of new anti-slavery efforts is revising the
legal definition of coercion vital to proving involuntary
servitude. In the 1988 landmark case of U.S. v. Kozmiiiski.
the Supreme Court ruled that only the use of force or
legal coercion can give rise to involuntary servitude.
Consequently, prosecutors are often reluctant to pursue
cases that might not meet these strict standards.
But as experts note, masters rely on psychological
coercion. Vulnerable victims in foreign communities are
dependent on traffickers, who rarely need to use force.
Justice officials state that they are eager to expand what
they call "the Kozminski standard" to include "non-vio-
lent" coercion (others use the term "psychological"):
"We would like to bring cases involving fraud, deceit,
isolation, threats to family members, and more."
Congressional leaders have recently begun to address
these concerns. In the last few months, the House and
Senate both passed new anti-trafficking legislation,
which is now in conference. Not only does Senate Bill
3244 earmark S94.5 million over two years for an inter-
agency taskforce on global trafficking, but it would pun-
ish those who use psychological force to hold a person
against his or her will.
Yet while the legislation's expanded definition of coer-
cion should aid prosecutors, activists are dismayed that
key provisions for victims were stripped in committee
sessions. Ann Jordan sees increased tools for prosecutors
but notes that "the bill no longer focuses on protecting
victims, which was the concern of the original drafters.
10 Civil Rights Journal / Fall 2000
\ n. tuns who tear lor their own well-being will find little
protection or Incentive to cooperate."
[ordan notes thai the bill allows the government to
talk to witnesses without having to grant \ isas. in addi-
tion, victims have no Federal right to a civil claim, can-
no! sue tor assets, and can he deported and even c harmed
tor crimes committed while trafficked dike carrv ing raise
documents). "How can someone who knows nothing
about a foreign government agree to cooperate If the)
think their lamilv is at risk' Anyone who has a real tear
ot retaliation should receive a visa to staj here."
( \si s knniter Stangei also voices concerns aboul the
revised legislation. "Without victim protections, you
wont see people coming forward. Unless the conference
committee turns this around, this is by no means the
best hill we could see."
Not-So-Hotline
Activists also express concern that DOJ Initiatives are
themselves less than ideal. One notes that the exploita-
tion hotline is not the hest resource." Only available
from 9 to 5 EST, hotline staffers speak |usl English, Span-
ish, and Mandarin (though operators can connect to AIT
interpreters at anytime). Outside working hours, there is
a message in three languages.
It is also not clear whether the Department knows
exacti] how to handle reports ot servitude. "The govern-
ment asked me whom to refer people to, hut I had no
better idea," remarks Ann lordan. "Because Of limited
funding, there are only a few organizations, mostly in
major cities. There's hardly anybody there to address
hotline calls except prosecutors who want to prosecute."
On Sunday, typically the best time to call for domes-
tic slaves, one can only leave a message. "What are you
supposed to saj it you are a vi< dm?" asks foy Zaiembka.
"'< all my abuser and ask tor me!?'" Other activists note
that the lask Force, Which handles the hotline, was cre-
ated by \ttornc\ General |anet Reno with no funding
behind it.
Beyond the limited resources ot the- lask Force,
activists otteii leel that working with government is
often .1 "one-waj street." As \nn lordan laments: "NG< >s
should not have to spend their time developing rela-
tionships with government. Government should be
developing its own protocols that \( ii )s work within."
I'am Shittman, co-l xecutive Director ot the women's
rights .uroiip I qualitv Now, describes a frustrating gap
between c ivii organizations and law enforcement. "< >th-
cials at the I HI and Department o| lustice have been
responsive' to eases." Miillman notes. "Hut thev cannot
tell us what specilie ae tion thev are- taking in response As
a result, it's hard to know whether to press them to do
more."
While encouraged bv government's stated commit-
ment to the issue, |ov /areiiibka mentions that cases are
not always coordinated Well. She cites the case ot an
Ivor) ( oast woman who had previously been antago-
nized by police, and been told by her master that police
were dangerous. I he woman was terriheel ot anyone in
Uniform, even parking attendants. "Due to iiiiscoinmii
nication between lustice, the local police, and us, the'
police went in and botched the situation," /aiembka
recalls. Only after dragging the hvstc-rieal victim down to
the station, where no one spoke Trench, did police call
campaign sutlers, "it there's not coordination," Zaiem-
bka obseives, "you risk putting the- victim through even
more trauma."
( \s i \ [ennifei Stanger argues that the Lie k ot coordi-
nation with service providers can end up hurting the
prosecution's ease, "law enforcement is so toe used on
prosecution, but thev need to take a step back and look
at how they can work with community agencies to assist
victims who serve as witnesses." She cites the recent Lit-
tle Rock trial of former NTH -affiliate-owner David Jewell
Jones who was accused of importing two Chinese
women as sexual slaves. After the two women perjured
themselves on the stand, the case ended in a mistrial.
"These women were sexually abused, transported
against their will," complains Stanger. "But thev had no
advocates to work with them, and no community
groups to help them prepare tor court. They got up and
perjured themselves, not on purpose, but because there
was nobody working with the victims to prepare them
for trial. Now the women will likely be deported."
A Call to Action
( >ne fundamental course of action is needed to respond
to the disturbing rise in domestic slavery: America must
once again declare slavery a vital civil rights issue I hat
means that the great institutions ot its democracy — from
the press, to civil rights organizations, to faith-based
groups— should do their part to bring abolition to the
forefronl ot the nation's political agenda.
I he American civil rights movement is remarkable lor
its creativitv and persistence. Over the decades, the
movement developed an innovative set o| tools to flghl
social injustice, acting as a powerful antibiotic to the les-
tering ot hate and Institutionalized Inequality. Nonvio-
lent c ivii disobedience, c reativc legal argumentation, and
strategic coalition building, for instance, all proved
invaluable in the tight against Jim ( tow
Human bondage is arguablj the worst civil rights
violation occurring today in the- U.S. — and we must
respond with similarlv creative measures, lust as
Amnesty International campaigns to free prisoners ol
conse ience, we now need to stand up lor "prisoners ot
commerce/1 i hat is what vie tuns ot contemporary slav-
er) aie. I hough not intellectuals dike the human
Community) who live- hv and sutler tor their I
I. ill 2000 I iv .1 I'-
ll
CROSSING
™ELINE
Bulked Up Border Patrols
Are Not Having Any
Impact on the Number of
Unauthorized Immigrants
Is It Time to Reconsider?
by Karen Hastings
12 Civil Rights Journal / Fall 2000
In South Texas this summer, U.S. Border Patrol officials
celebrated the three-year anniversary ol Operation Rio
Grande, the latest incarnation ol tin- is. government's
$700 million-a-yeai campaign to control illegal immigra-
tion across the 2,000-mile border with Mexico. Local offi-
cials bom booming border communities praised Opera-
don Rio Grande's success in lowering the crime rate and
increasing public safety. Similar enthusiasm i>m be beard
from San Diego, ( alifornia, to Brownsville, lex. is. from
mayors, police chiefs, and ordinarj citizens whocredil the
presence of thousands ol newly hired border agents, plus
millions oi dollars in high-tech surveillance equipment,
fences and vehicles, with what is often called "a bettei
qualit) ol life" In these border towns.
But elsewhere along the otten unforgiving U.S.-Mex-
lco dividing line, it is the deaths ol hundreds of
migrants — not the quality of life — that is troubling 1 i\ U
rights d\\d government leaders. Drownings In the Rio
Grande; deaths Erom thirst and exposure in the moun-
tains ol < alifornia, even fatal confrontations with frus-
trated property owners in the desert ranehland ol West
Texas — incidents like these are increasingly being Laid at
the feet of the country's border initiative. In the past
\ear. some i4() deaths have resulted at least in part from
the increased patrols, which — in targeting urban areas
like San Diego, ll Paso mk\ South lexas — have pushed
illegal immigration into new and more dangerous areas.
Also ol concern to <. i\ il rights groups: the impact on bor-
der communities, where residents complain ol Increas-
ingly common confrontations with Federal border
agents, Even those happy with the public safety results
of campaigns like Operation Rio Grande in South Texas,
Operation Gatekeeper in California and Operation Safe-
guard in Arizona lament the transformation of once-
relaxed border communities into "armed camps."
These troubling deaths and community tensions
corneas researchers question the over-all effectiveness of
vigorous border enforcement in combating illegal immi-
gration. Critics question whether the new Border I'atrol
strategies have really cut the How, or simply diverted it to
other areas — at considerable human cost. Little more
than half of today's estimated live million unauthorized
immigrants came to the U.S. via illegal border crossings.
The other half are visa overstayers — students, visitors,
temporary workers — who enter with valid \ isas and
become "illegal" when their vis.is expire. Michael Fix,
the Director ol the Immigration Studies Program at the
I Irban Institute, says that the |UIJ is Still out on the oxer-
all impact ol the border patrol effort on the total number
ol unauthorized immigrants. But, he savs, die effects
appear to be relatively marginal. "Not onlv does it seem
that there has not been a decline in the How. there could
well have been a parallel and unintended increase in the
stoi k. that is, the number ol people who elect to stay in
the U.S. once they are here."
And even it the pohues were effective m their stated
goal ol Significant!) reducing illegal immigration, some
question whether the human COSl would |UStif) the
results. In a 1999 report, "Death On I he Border," 1 in
versit) Ol Houston reseaa hers ask whether policy mak-
ers have adequately considered these costs: "How main
migrant deaths .ue acceptable to the i Inited st.ites in its
quest to enforce its borders.' Do the local successes oi
strict border enforcement iustify the mortality bill?"
bu .1 growing number ol observers, the answer is no.
•• I here is no absolute right to control the border; it has to
be harmonized with the right to life, with human rights,"
s.i\s( laudia Smith of the < alifornia Rural Legal Vssistance
l.ill 2000 i Ivil 1 1
Foundation. "Youcan'1 come up with a strategy thai max
imizes the 1 1 sk to life .uhI i-i isi i n-s t li.it hundreds ol
migrants die."
Meanwhile, s.iv resean hers from die Washington, I » I
based < entei t » > r [mmigration si mlics, lagging Inti rioi
enforcement tells desperate would be Immigrants thai
crossing the border is their only obstacle.
"What draws migration to the U.S. is the lure ol jobs
because our economy is the envy ol the world. [Tie
message that is being sent is, ii
you (.in avoid the Border Patrol,
you're pretty much scot-free,"
says rescue her |ohn Keeley ol
the ( enter. "It's almost <is it (the
border build-up) is just window
dressing in the absence ol
addressing more fundamental
problems with U.S. immigration
policy."
Bulking Up
The current U.S. campaign to
strengthen the southwest border
got its start in 1993 with Opera-
tion Hold The Line in F.l Paso,
Texas, which used fences and
strategically placed Border Patrol
agents to move illegal migration
out of the downtown area and
into areas where such traffic
would be more difficult to con-
ceal. Success from that program
led to Operation Gatekeeper in
San Diego and Operation Safe-
guard in Arizona, both in 1994,
and most recently to Operation
Rio Grande in 1997. These oper-
ations have doubled the number
of agents stationed along the southwest border, to a total of
some 8,400 today. In some sectors, the number of agents
has tripled or even quadmpled.
The local impact of these various campaigns, as
reported by the INS, has been impressive. Officials note
that illegal immigration in the San Diego and El Paso
areas, which once represented 70 percent of all border
crossings, remains at historically low levels. In
Brownsville, Texas, where the Border Patrol guards 25
miles of the Rio Grande between this community of
roughly 100,000 and its larger Mexican sister city of
Matamoros, agents predict they soon will see days with
zero apprehensions. That compares with previous peaks
as high as 300 per day, and is cited as proof that this
strategy of deterrence is working.
"I would just invite (critics) to look at the border that
existed before there was a policy of deterrence instead of a
Border Patrol Officer in special night vision
helmet.
poli< v ol apprehension and cl US Rep
Syfvestre Reyes, who was .i Bordei Patrol < Kiel In 1 1 Paso
before bis elo don to < ongress. "< ommunities thai live
along the bordei want, and should have, an expo tation oi
the same quality of life thai every other community has."
in Brownsville al least, Mayor Blanca . "At
tirst, people were saying, They're bombarding us with
those agents and their lord I up
ened/" says Vela. "Now thai (the agents) have been I
couple oi years, th<- people in the com-
munity .ire saying, 'We feel s.iirr.' Some-
| tiling is happening where we don't have
I as much crime."
A Grim Harvest
But such successes have come with con-
siderable cost in human lives, as migra-
tion moved from heavily patrolled areas
to remote stretches of desert, mountain
and brush. Through eleven months of
the fiscal year 2000, 340 migrants died
on the border, already a 47 percent
increase over the previous year. Migrants
are dying of exposure in treacherous ter-
rain, in confrontations with angry prop-
erty owners, in the swift currents of the
Rio Grande or the Ail-American Canal.
Local officials frequently are forced to
DROWNINGS in the Rio Grande; deaths from
thirst and exposure in the mountains of california,
even fatal confrontations with frustrated
property owners in the desert ranchland of west
Texas — incidents like these are
increasingly being laid at the feet
of the country's border initiative.
bury unidentified bodies in pauper graves.
The deadliest state of all this year was Arizona, where
migrants pushed from easier crossing points in Califor-
nia and Texas have increasingly chosen to attempt entry
across inhospitable lands with names like Camino Del
Diablo (Devil's Highway). The eastern California border,
with similarly unfriendly terrain, also saw its share of
deaths this year. Between 1999 and 2000, the total
number of migrant deaths from heat exposure alone
more than doubled, to 109 through the first eleven
months of FY 2000.
14 Civil Rights Journal / Fall 2000
Uong with deaths, investigators savs the squeeze also
registers in the fees charged i>\ "coyotes,™ which have
risen along the border from 1250 to .is nun h .is 1 1 ,500,
and in increased levels ot violence by these gun-toting
alien smugglers.
in thru "Death On ["he Border* report, researchers
from the Universit) ol Houston's c enter tor immigra-
tion Research documenl more than 1,600 possible
migrant deaths along the southwest border between
1993 and 1997. [hej assert thai debate on U.S. border
policies lias general!) ignored the human costs as evi-
denced b) the difficulty the) had in even counting
migrant deaths.
"I think the plan was... to drive people into difficult
areas so the) would turn back,'' says Prof. Nestor
Rodriguez, who co-authored the report. "I don't know if
it was naive, but the) could have jusl read the literature.
I he\ would have understood that these people would
not turn ba< k 1 hese are not middle c lass people with six
good job options and working in a restaurant in Tucson
is just one ol them. These are people who think they
naveonl) one option to come north."
Many migrants rights groups say the miscalculation
was deliberate. "They anticipated death. I don't think
they anticipated this many deaths," says ( laudia Smith
ol the ( alifornia Rural legal Assistance Foundation.
" I hey realized a lot of people were not going to give up."
Immigration officials bristle at allegations ol indiffer-
ence. I he) sa) blame should be directed at alien smug-
glers, who often mislead then "clients" about the ratal
dangers ahead. Smugglers, they contend, routinely send
migrants to their deaths with incorreit information and
insuttu lent supplies Ol tood and water, and readily aban-
don them when injured or unable to keep up.
"We .nit u ipated and prepared to adapt to shifts in the
border crossing patterns that smugglers had traditionally
used. Bui we did not believe they would subject migrants
to the terrible dangers ot the most perilous places on the
border,*' INS ( ommissioner Doris Meissner wrote in an
August editorial m the Arizona Republu newspaper.
Border I'atrol Deputy ( hiel Mike Niciey says smug-
glers are "in it to make a buck,'' while agents routinely
Shift from enforcement to rescue when people are in
trouble, lie insists that "the Border I'atrol is a friendly
tace out there when people are m distress," and points
out that, in some respec ts at least, the patrols have made
the borders safer— for example, by chasing ofl bolder
bandits who used to prev on immigrants.
Border I'atrol otlicials have also rcae ted to the inc Teas-
ing number ot deaths with a Border Safety Initiative.
launched in |une L998. Along with ( PR and tirst-aid
courses, agents who patrol near water are rceciv nig switt
water rescue training. Signs posted at loc.it ions along tile
RiO dr. Hide warn ol part u ularh dangeious ciments,
while signs and lighting along the \ll- \nieiic.in < anal in
southeastern ( all tori ua were also erected to stem a high
number ot drownings there. In the II ( entio area ot
southeastern i alifornia, Border I'atrol officials s.i\ the)
cut migrant drownings by <4 percent ova two \e.irs b)
erecting lights mm.\ barriers, and by using specially
trained patrols in all-terrain vehicles.
Media campaigns warning about the dangers ot deal-
ing with alien smugglers — complete with tilm clips ot
dvM\ bodies discovered ill the desert — have been aired in
i oi iperation with Mexi< an authorities, Border I'atrol offi-
cials Say. And where once icsearchers were unable to
determine how main migrants were- dving in their trek
to the United States, the Border I'atrol now tiacks
migrant deaths and rescues by location and cause — from
vehicle accidents (33 so Ian to honiic ides i In so tar in FY
20(H)).
INS Officials insist that when its \anous o| )erat ions are
fully in place deaths as well as illegal immigration will
dec ic.ise I 1011 1 di\ i rig into t he Rio ( i ramie near I areclo.
to hunting through the deserts ot Arizona b) air and on
loot, Border Patrol agents sa) they have rescued almost
2,200 migrants in the tirst 1 1 months of fiscal year 2000
I hat's up I roil i 1,041 people' rescued in hsc.il vear 1999.
" I he sane tion tor entering the U.S. illegally should not
be death," Deputy ( hiel Niciey affirmed in a recent
interview.
Tension Mounts
Yet community tensions over the Border I'atrol build-up,
and the changes in migration patterns that are sending
waves ot immigrants into new e rossing areas, have swelled
the death count in an equally troubling way. In a spate ot
much-publicized "vigilante" incidents in Texas j\k\ Ari-
zona, a tew property owners are taking up guns against the
people they sav are trampling their fences, stealing their
tood, .ind trashing their property.
In Texas, a Kinney ( ounty man, Samuel Blac kwood, is
under indictment in the- May 2000 shooting death ot
I USebiO de ll.no, 2.-!, who bled to death alter he was shot
in the back ot the leg. A survivor ot the incident near
Brackettville claims the confrontation began when a
small group of undocumented immigrants came on
Blackwood's property te»ask tor water, sav s District Attor-
ney Ibm Lee.
Ice reports the shooting was the fourth this year
involving a Mexican citi/en and a property owner.
Downed leiic es, trampled hay supplies, water left run-
ning, livestock butchered tor tood such problems
caused bv increased illegal migrant traffic in the area
have led to "a great deal ot trustration" on the part ot
some landowners, the district attorney savs.
"As long as I've lived out here, there's nothing in the
world unusual about a rancher calling the Border I'atrol
When they see a large group ol aliens," I ee said "What is
unusual is a rancher taking a gun and shooting some-
body. I here are some serious pressures involved "
Fall 2000 / » ivil RJ 15
While Lee advises property owners agalnsl meddling
in Immigration and law enforcement matters, he says
he has heard some ask. In liaison meetings with Bordei
Patrol officials, it thej can hold migrants .it gunpoint
mini they .in' rounded up by bordei agents, "I've had
people express the sentlmenl thai it they're on mj
property they bettei watch theli reai end 'cause it's
going to be shot off," says i ee.
Up the border In Arizona, rancher Roger Barnetl oi
Douglas lias become a vocal symbol ol the frustration
that has gripped many property owners who feel then
land is being overrun. Armed with a handgun, and
chronicled in publications from Time to The Washington
Post, Barnetl lias taken to rounding up immigrants he
finds crossing his 22,000-acre ranch. Barnett claims to
have arrested as many as 3,000 of what he calls "crimi-
nal trespassers" in the past two and a half years.
"They're not just poor people coming across to work.
They're law breakers. They're a destructive crowd and
I've got no use for them," says Barnett, who complains
the migrants breach his fences and leave behind trash.
"My civil rights are being violated. The constitution
requires that they protect me from invasion but the
gosh damn government is not doing it. I'm not kidnap-
ping them. They need to stay off my property. Stay the
hell off."
Exasperated Border Patrol officials insist Barnett's
viewpoint has been given unwarranted prominence by
the national media, and that "less than a handful" of
property owners have taken similar action. Still, such
incidents have led to at least one lawsuit in Arizona,
protests by the Mexican government, and complaints
that the Border Patrol is encouraging Barnett and his
followers by not taking a harder stand.
In U.S. District Court in Tucson, Chihuahua, Mexico,
resident Javier Bencomo Arreola is seeking damages
against a ranching couple in Cochise County, Arizona.
In his complaint, Bencomo Arreola states that he and
others were in the company of a "guide"in April 1999,
when they were stopped at gunpoint by the couple. He
also complains that the defendant's wife set her dog on
the group, one of whom was bitten. When the group
attempted to flee, the defendant followed in his pickup
truck and held them at gunpoint, the complaint states.
In a letter this summer to INS Commissioner Doris
Meissner, an attorney for the California Rural Legal
Assistance Foundation called such "citizen's arrests" ille-
gal in themselves. "It is fine for the ranchers to be the
Border Patrol's eyes and ears, but they should not be
allowed to do the rest of the Border Patrol's work, i.e.,
stop, question, detain or arrest for violations of immi-
gration laws," says the letter. "If the trespassers are in
custody simply because they are believed to be illegally
in the U.S., the ranchers should be advised that there is
no legal basis for a private person to hold them, i.e.,
false imprisonment is at play."
Border Patrol offli lals sa
with bordei ram hers and property owners b
to address problems and calm frustrations befon
est alate to violent e In .1 lettei last April, the < hid ol the
lucson Bordei Patrol sectoi advised Barnetl "In taking
siu h ,h dons, you 1 ould potentiall) b .it risk ol personal
danger, criminal prosecution, and/01 civil suit foi
arrest or other uvil liabilities." I be letter warned that
Information about illegal actions "on the part oi an)
party involved" would be forwarded to the LLS. Attor-
ney's Office.
Unintended Impacts
Even in calmer border communities where Border Patrol
operations have taken hold, civil rights groups complain
that residents are paying a high price for a managed bor-
der. They complain that residents — even legal ones — are
increasingly stopped, questioned, even harassed by ever-
more-visible Federal agents. While the Border Patrol says
racial profiling is not used, it is individuals of Mexican
descent — from Federal judges to the humblest laborer —
who feel the pressure.
U.S. District Judge Filemon Vela was upset last year
when he was stopped by border agents on his way to a
court session in Laredo. Agents told him his vehicle
looked suspicious because it carried four people — and
might therefore be smuggling aliens. Vela, who regularly
rules on the admissibility of evidence recovered in law-
enforcement searches, said Border Patrol officials prom-
ised to better train their agents to guard against unjusti-
fied stops.
When Judge Vela was stopped last month on the same
highway, he was told the problem this time was tinted
windows. Vela's ruling: Baloney. "I did not consider the
conduct that they engaged in legal," said the judge, who
does not believe his ethnicity was a factor. Rather, he
thinks that random and unjustified stops are becoming
far too common. "It makes you wonder whether they are
really interested and recognize they must conform their
conduct to the law. You've got to believe that it's not a
coincidence that twice in one year they stop a Federal
judge for no reason at all."
Border Patrol officials realize they have a problem,
even as they insist their officers are trained to make stops
only with legitimate cause. "Perception is reality," says
Deputy Chief Mike Nicky. "We can't have the people
perceiving that law enforcement people are stopping
people for invalid reasons."
But if such practices anger a U.S. District Judge, they
strike fear in humbler individuals. Most victims fear ret-
ribution if they complain, says Texas attorney Ray Gill,
project director for the South Texas Civil Rights Project.
And, Gill adds, the courts have accepted any number of
"reasonable suspicions" for stopping people — from time
of day and behavior of the person being stopped, to the
16 Civil Rights Journal / Fall 2000
type of road traveled. " I hat could be a road going north,
south, east, west, close to the border, away from the bor-
der, dirt road, four-lane highway, I ven though it ... maj
very well be a random stop, once the officer starts bring-
ing up these manufactured excuses, the courts have
accepted those and they have been granted immunity
from lawsuits," s.iui Gill.
Vlthough the courts do not condone mere skin color as
justification tor a Bordei Patrol stop, and the Border Patrol
denies it uses racial profiling, it still occurs, t.ill said. "The
Border patrol arresting unauthorized Mexican immigrants.
Border Patrol is not going to
stop an Anglo in a three-piece
suit. They're not going to stop
an Anglo at all. I [hey're going
to stop) someone who has
dark skin and looks Mexican and has poorer looking
clothes. They'll say he avoided eye contact or appeared
suspicious."
A recent case from Gill's files is particularly troubling.
The mother of 22-year-old Javier Pelayo has filed suit
against INS and the Border Patrol in Starr County, Texas.
She claims her mentally disabled son, who was a legal
permanent resident, died after he was deported by Bor-
der Patrol agents.
According to the lawsuit, Javier was stopped in April
2(XX), in Roma, Texas, by agents who didn't believe his
claim that he was a legal resident and who transported
him back to Mexico. Mead) two weeks later, as Olivia
Pelayo searched desperately tor her son, and after he had
tried unsuccessfully to reenter the United States at a legal
U.S. port ot entry, his body was (bund in the Rio Grande.
He had drowned trying to enter the U.S. illegally.
I he massive build-up adds to problems people ol
Mexican descent have experienced on the border for
decades, (,ill said. "A lot ol these (agents) are not well
trained, [hey're given a gun, a uniform, a vehicle and
lots ot authority over these people who are so vulnerable.
I he more officers, the more icivil rights) violations."
The problems are not limited to the border itselt. In a
new report, researchers at the University of Houston
While the border patrol says
racial profiling is not used, it
is individuals
of Mexican
descent — from
dc 'si ribe the often insidious effects of this new border
crackdown on immigrant communities. In small bordei
towns mk\ big cities, the report states, main immigrant
families arc foregoing medical care for their children,
immunizations against disease, and other government
benefits for which they are eligible. "The most observable
effect is withdrawal from services, a trend that will In the
long run affect the well being of everyone — citizens and
non-citizens alike — in these communities," the report
The report documents the con-
cerns ot school administrators who
fear some parents may not register
or may pull students from school,
fearing deportation "The presence
of INS has become more visible in
mblic spaces, including near
schools. This is especially true along
the border, where Border Patrol
agents have been seen patrolling
near school grounds when school is
let out in the afternoon."
The report concludes: "The
atmosphere of confusion and
uncertainty, along with strength-
ened enforcement, has
generated anxiety, fear
and mistrust in immi-
grant communities."
Ultimately, however,
the issue goes beyond the
question of immigration
itself and cuts to the core
of what it means to live in
America. While he sup-
ports Border Patrol agents
going about their jobs,
Douglas, Arizona, Mayor
Ray Borane sums up the
reservations of many
local officials who feel
troubled by the new bor-
der initiatives.
"It looks like an Armv
garrison around here. It
says Borane, whose com-
FEDERAL JUDGES TO
THE HUMBLEST
LABORER — WHO
FEEL THE PRESSURE.
looks like a militarized /one
munity is currently being overrun by thousands of illegal
immigrants forced from other areas — and by scores of
new Federal agents as well.
Until lawmakers address the underlving reasons tor ille-
gal immigration, the Border Patrol will continue fighting "a
losing battle," he said. This antiquated poUq perpetuates
c iv il rights issues. And thev re going to get WORM D
Kvrin Bastings is v mm u* i iournausi i iving in the
BORDER i OMMUNm Ol II VKllNolN, 1 1 XAS.
fall 2000 i al 17
The BlaCk
and the
With Friends Like
Since the heyday of the civil rights movement in the
1960s, the public has viewed the elite news media as pro-
ponents of racial equality and advocates for the black
poor. Yet the stories about poverty in the national news
media do not reflect this expected racial liberalism. On
the contrary, news coverage of the poor has consistently
distorted black poverty — portraying it more negatively
and less accurately than white poverty. Indeed, over the
past four decades, the country's elite media organizations
have offered a portrait of American poverty that exagger-
ates racial differences and unfairly associates blacks with
the least attractive subgroups of the poor. And when news
stories on poverty do take on a more sympathetic tone (as
they tend to do during economic downturns) images of
the black poor are replaced with images of poor whites.
Why have the American media portrayed the black
poor so negatively, and with what consequences for Amer-
ican society and politics? To answer these questions, I
examined forty years of news stories on poverty. I found
profound changes in the way poor people were portrayed
across this period of time. But I also found that one thing
has remained consistent over the years: news images of
poor blacks are more distorted, more derogatory, and
more detrimental in their impact on the public's percep-
tions than images of the non-black poor.
The Poor in the News: Image and Reality
What do poor people look like in the news, and how do
these images compare with the reality of poverty in Amer-
ica? A look at news stories from the late 1980s and early
1990s provides a start.
First off, poor people in the news have a very dark com-
plexion indeed. African Americans accounted for 65
18 Civil Rights Journal / Fall 2000
percent of the poor people shown on network televison
news between 1988 and 1992. Weekly newsmagazines
offered the same view of America's poor: 62 percent of the
poor people shown in Time, Newsweek, and U.S. News and
World Report during these years were black.
Although these images correspond with the public's
perception that poverty is primarily a black problem. Un-
reality is quite different. According to the U.S. Census
Bureau, only 29 percent of poor people in America during
this period were black (and the percentage of African
Americans among the poor has been declining slowly
since then).
In a land where poverty is often taken as a sign of per-
sonal failure, the media's exaggerated association of blacks
and the poor cannot help but reinforce old stereotypes of
African Americans as inadequate, unmotivated, and mired
in poverty. The news media offers the public a portrait of
poverty in which blacks far outnumber non-blacks, while
in reality fewer than three out of ten poor Americans are
black.
Journalists' reputation as political liberals is well
deserved. Numerous studies have shown that news pro-
fessionals— especially those employed by the elite media
organizations — are more Democratic in their voting and
more supportive of liberal social policies than the average
American. Perhaps, then, the media's disproportionate
focus on black poverty arises out of sympathetic concern
rather than disdain for poor blacks. Are liberal journalists
consciously or subconsciously trying to bring the plight of
the black poor to the public's attention?
A closer look at the content of stories on poverty casts
doubt on this explanation of racial distortions in poverty
coverage. Although African Americans are dramatically
Poor
liberal Press
//
i ncsc . . in\
tt
hi/tin ( i ileus
NEWS coverage of the poor has consistently
overrepresented in poverty sto-
ries in the news, the\ are not
equally overrepresented
among all groups of poor peo-
ple. In news stories on poverty;
blacks are most likely to be
found among the least sympathetic groups ot the poor,
while whites are found more frequently anions the most
sympathetic groups.
One example of a clearly deserving subgroup ot the
poor is the working poor, [heir willingness to work shows
that their poverty is not a result of Indolence, and that
they sh.ire the "middle class" commitment to selt-respon-
sihility and self-support. In reality, about halt ot all poor
Americans work at least part time. The public would be
hard-pressed to learn this from the news, howe\er: only
15 percent ot poor people in the major newsmagazine
poverty stones were identified as employed.
I he start itv ot the working poor in news coverage has
a r.k lal bias as well. In reality, poor blacks are less likely to
tx- working than other poor people, but the difference is
slight, in newsmagazine stones, however, poor non-blacks
were twice as likeh to be shown working as |x>or bla< ks \
sympathetic portrayal ol African American poverty?
Hardly
Another sympathetic group among lhep<x>r are the eld-
erly, who are not expected to be working. ( tace again, it is
bard to find tins s\ mpathetii group in news stones. \ mere
two percenl <>t |*>or people shown in newsmagazine stones
were ova 64 years old (In reality, 1 1 percenl <>t |x«>r Amer-
icans tall into this age group. I And once again, |xxir blacks
were portrayed more negatively and less accurately than
non-blacks. Although black tans predominated among the
DISTORTED BLACK POVERTY — PORTRAYING IT MORE
NEGATIVELY AND LESS ACCURATELY THAN WHITE POVERTY.
working-age |x>or, less than one-fifth of older jxx)r (X'ople
in newsmagazines were black. Once they reach retirement
age, p<x)r blacks seem to disappear from the news even
moie completely than poor whites.
\iiu an Americans were scarce in news [xirtrayals ot the
working poor and the elderly poor, but there was one
group of |xxir people in the news where black faces were
the only ones to be found. In newsmagazine sti ines ah ml
the underclass published between b'HH and 1992, ever)
single poor person pictured was African American. c >l all
the subgroups ol the |x>or, the underclass assoc lated with
crime, drugs, out-of-wedlock births, and "welfare as .1 wa\
of lite" is perhaps the least sympathetic. And in news
accounts, it is the most Mac k.
African Americans do, of course, make up a substantial
portion of the underclass. Social scientists disagree about
how to define the linden lass, and even about whether it
is a useful concept at all. But no matter how we define the
undeu lass no matter what combination <>t poverty
"indicators" we pick — the underc lass inc hide's substanti.il
numbers ot non-blacks. Indeed, In most definitions,
blacks constitute a minority of tile underclass. Yet the
underclass in the news at least during this five-yeai
[XTicxl was portrayed as ew lusfvely blac k.
i hese patterns ot media coverage are not wholly
divorced from reality. < ompared with non-blac ks. African
unericans an* disproportionately found aim mg the under-
Fall 2<mk) / c ivil I ial 19
«. i.iss, ,11 ul blacks are slightly underrepresented among the
elderly pooi .mil the working i c the real-life racial dii
ferences are small, however, while the ra< lal differences In
news Images are huge. Readers who relied on these maga
zincs lor their Information aboul the American pooi
would likely believe thai there are few bla( k\ among the
working poor or those ol retirement age, and thai African
Americans entirely accounl lor America's unden i.iss. I he
media's demographic misrepresentation ol the American
poor reflects negatively on the poor as a whole, hut it
reflects even more negatively (ami more unfairly) on pom
blacks.
My study of news coverage of poverty focuses on the
pictures of poor people found in the news. Hut news-
magazines also provide factual information in the text ol
their stories that might help to offset the misleading
impressions created by pictures of the poor. I lowever, fac-
tual information about the racial composition of the poor
(or of subgroups of the poor) is quite infrequent in news-
By MOST definitions, blacks constitute a minority
OF THE UNDERCLASS. YET THE UNDERCLASS IN THE NEWS
WAS PORTRAYED AS EXCLUSIVELY BLACK.
magazine poverty stories. Across a thirty-year period, this
kind of factual information appeared in fewer than one
out of twenty stories on poverty in the three magazines
examined. But even when such information is offered to
readers, it provides a very weak counterbalance to the
steady stream of pictures that portray the poor as pre-
dominantly black. Virtually all readers will look at the pic-
tures in a story on poverty, but many will only skim the
text. And even those who don't read a particular story on
poverty are likely to notice the pictures of the poor as they
leaf through the magazine.
The Invisible Black Poor
African Americans and poverty are now so thoroughly
entwined that it is sometimes hard to imagine that this
was not always the case. But for most of American history,
public debate about poverty concerned the white poor
only. True, racial distinctions were common in 19th cen-
tury discussions of poverty, but these were distinctions
among the various white European "races" such as the
Irish, Italians, and Poles. This early poverty literature had
little or nothing to say about blacks, nor did the leading
sUidies of poverty during the early decades of the 20th
century pay much attention to poor African Americans.
This focus on poor whites was still apparent in news
stories published during the 1950s. Poverty was not a
prominent topic in Time, Newsweek, and U.S. Nnv\ and
World Report during tin1, do ade, bul those stones th.it did
appeal were Illustrated overwhelming!) with images of
the white poor | television news shows torn tins |*-rnxi
are not available, so I rely exclusively on these i
magazines to gauge the media's portrayal of the poor.)
\itei the devastation oi the ( -re.it i depression, p
was largely forgotten during World War II and the |>ost-
War recovery. In the early 1960s, however, the pool
"rediscovered," and president Kenned] made the flghi
against poverty a national concern once again. Net the
poverty programs ol the earl) 1960s and the popular
images ol the poor that accompanied them were |u
pale in complexion as those oi the turn ol the c entury. It
there was a dominant image of poverty at this time, my
research suggests it was the white rural poor of the
Appalachian coal fields.
Even during this period when media attention was
focused on white poverty there were some news stories
that featured txx)r blacks, and the racial patterns i >l \» <\ ert\
coverage were the same then
as in more recent years: pic-
tures of hlacks are found in
stories that reflect negatively
on the j>cx>r while pictures of
whites appear in neutral or
sympathetic stories. These
early images of black poverty
established the pattern of
unflattering coverage of the black poor in the news.
Much of the reporting on poverty in the early 1960s
focused on the Kennedy administration's antipoverty ini-
tiatives. These stories tended to be neutral in tone and
were illustrated almost exclusively with poor whites. The
other major focus of poverty news during this period was
on welfare abuse and the controversial "crackdown" on
welfare by Joseph Mitchell, the city manager of New-
burgh, New York. Mitchell claimed that recent black
migrants from the South were swelling Newburgh's public
assistance roles. In response, he instituted a 13-point pro-
gram aimed at removing as many people from welfare as
possible. Not surprisingly, coverage of Newburgh was illus-
trated with pictures of blacks (although Newsweek did
point out that, in fact, 60 percent of relief recipients in
Newburgh were white). Black faces were also prominent in
a series of stories on the misuse of welfare, sparked by Sen-
ator Robert Byrd's 1962 investigation of welfare abuse.
The implicit message in poverty coverage from the
early 1960s was clear. The undeserving poor — those who
abuse welfare — are primarily black; the desening poor are
primarily white.
The War on Poverty
President Johnson launched the War on Poverty in Janu-
ary of 1964, and media attention to poverty jumped dra-
matically. A good example of poverty coverage from this
20 Civil Rights Journal / Fall 2000
Figure 1. Percent African Americans in Newsmagazine Pictures of the Poor, 1950-1992
"" "" ,M° "" " "" ~ "" K "" » * - - *■ ■« ■» ■» ^ .1 .1, .J- ,L
Urue Percent of Black among the Poor ■ Blacks Portrayed as Poor
time is the twelve-page cover story called "Poverty, U.S.A."
that Newsweek ran on February 17th. The cover ot the
magazine showed a white girl, perhaps eighl or ten years
old, looking i mt .it the nadir from a rustic shack, her hair
disheveled and hei face covered with dirt this story pro-
filed poor people from around the country: an elderly
couple from Pi irtland; a family ot ten living without elec-
tricity or running water in rural Georgia; a "Main Streel
wino" in 1 os Angeles; the young students in a one-room
school in Wesl Virginia, ot the 54 poor people pictured in
this Story, oiil\ 11 were black.
I his storj was typical ot Wai on r< rverty coverage dur-
ing 1964 m its substantia] focus on rural poverty, its
emphasis on images oi poor whites, and its generally neu-
tral tone toward the [ohnson administration's antipovert]
eitorts. I ike this story, most ot the early coverage ol the
War on Povertj consisted oi descriptions ol antJpovertj
programs, profiles oi lohnson's "poverty warriors," and
accounts oi poverty in America illustrated with stones oi
individual poor people, fhe expansion oi news coverage
that accompanied the War on Poverty did not coincide
with the racial izal Ion ol poverty Images; al its inception al
least, the w.ii on Povertj was asscx lated more with poor
whites than with \« oi bla< ks.
The Racialization of Poverty in the News
I he turning point in the racialization of poverty in the
news came in 1965. The proportion of blacks among pi( -
cures of the poor jumped from 27 percent In 1964 to 49
percent a year later. As the thin line in figure I shows, the
slutt in media images in the mid-1960s cannot be
explained In any true change in the proportion of bla< ks
among the poor.
Coverage ol poverty in 1965 remained focused prima-
rily on the VVar on Poverty, but the tone oi that coverage
i hanged. Instead of offering neutral stories describing the
lohnson administration's new antipovcrtv initiatives 01
broad portraits of the American poor, poverty stories m
1965 were much harsher examinations ot the govern-
ment's antipovcrtv efforts and much mine critical por-
traits oi the poor. And these stories included t.ir larger
numbers ol Atrium Americans than stories on the War on
Poverty from the year before.
News stories about the |oh ( lorps, one ot the lirst War
on Povertj programs to gel ofl the ground, illustrate the
negative coverage oi the War on Povertj during this
period. Ihese stories focused on problems SUCh as poor
screening ol participants, inadequate facilities, and high
dropout rates. Bui the most sensational objections
I. ill .'( 11 irnal 21
concerned the behavloi ol |oi> ( nips members and the
tension between l<>i> ( orps centers and nearby towns.
For example, .1 US News and World Report stony bom
Inly L965 reported charges ol "rowdyism" .11 [ob < orps
icii icis. Including a dormitory riol In tongue Point, 1 >re
gon, "in whi< h lead pipes were hurled" and the al< 1 ihi »1
related expulsion ol eight girls from .1 St. Petersburg,
Florida, center. "Another worry," the story indicated,
was the "antagonism between
( brpsmen and nearby towns-
men." People in Astoria,
Oregon, for example, "com
plained about hearing obscene
language at the movie theater,"
while residents of Marion, Illi-
nois, were upset about a distur-
bance at a roller skating rink that
occurred when some Job Corps
members showed up with
liquor. Although these incidents
were not explicitly linked to
black Job Corps participants,
over half the Job Corps members
pictured were black, a dramatic
change from the predominantly
white images in stories on the
War on Poverty from the previ-
ous year.
The increasing focus on the
black poor that began in 1965
continued over the next few
years. As figure 1 shows, news-
magazine stories on poverty
contained even higher propor-
tions of African Americans in
1966 and 1967. During a period A lon9 hm? ago, in a country
in which the true percentage of
African Americans among the
poor hardly changed at all, but in which poverty discourse
became decidedly more negative, blacks came to domi-
nate images of the poor in the media.
Riots and Civil Rights
The changing portrayal of poverty in the news took place
during a tumultuous period in American politics and race
relations. In August of 1965, rioting broke out in the Los
Angeles neighborhood of Watts. The Watts riots lasted six
days, and left 34 dead and over 900 injured. Ghetto riots,
which spread across the country during the summers of
1965 through 1968, brought black poverty to the public's
attention in the most dramatic way possible.
The mid-1960s also saw a shift in the focus of the civil
rights movement from the fight against legal inequality to
the battle against economic inequality. Economic inequal-
ity had long been a concern of the country's black leaders,
hut this struggle had been largely eclipsed durti .
1950s and earty 1960s bj the effort to end Jim ( row
regation and to sa lire blai t voting rights In the South Bj
the mid 1960s, however, Important victories had I
made In ending legal dis< rimination, ini luding the < ml
Rights Act ol 1964 and the Voting Rights \<i.,i 196
[Tie urban riots, the shifting focus oi the dvil rights
movement, and the rise of .1 new generation oi militant
black leaders, all contributed to
the public visibility oi the M.k \-
poor. Yet asdramatii and impor-
tant as these events were, the)
cannot explain the timing oi the
mi ialization ol poverty in the
news since the numbers ot |x«ir
blacks in news stories jumped
even before the first large-scale
riots empted in August oi 1965
Nor ( an these events explain the
content of these news stones,
which included images of poor
blacks as examples of the prob-
lems and failures of the War on
Poverty.
Despite the political up-
heavals of the mid-1960s, the
media's increased attention to
black poverty was not distin-
guished by a connection with
ghetto riots or by a newfound
concern with urban poverty. The
War on Poverty continued to
dominate media poverty cover-
age, but as the tone of that cov-
erage became more negative, the
images of the poor became
darker. News coverage shifted
from stories about the sympa-
thetic and "deserving" poor, illustrated with pictures of
whites, to stories of the "undeserving" poor filled instead
with images of blacks. Racial portrayals changed, in other
words, to fit the shifting moral stature of the poor in the
media.
The Changing Face of Poverty
The tendency of the news media to associate blacks with
negative stories on poverty' and whites with neutral or pos-
itive stories is not limited to the Kennedy or Johnson
administrations' antipoverty programs. During the
decades since the 1960s, the proportion of African .Ameri-
cans in poverty stories has risen and fallen; the highest
percentage of blacks have appeared in periods when the
media discourse on poverty is most negative, and the low-
est percentage in the more sympathetic coverage that
tends to accompany economic downturns. As Figure 1
far away.
22 Civil Rights Journal / Fall 2000
shows, the highest proportions ot blacks among the pooi
were found In ll>72 and 1973, while the Images ol povert)
appearing during the economic recessions of 1974-7 5 and
1982-8 3 wire much whiter.
( overage of povertj during 1972 and 1973 focused pri-
marily on problems with welt. ire .mil efforts .it well. ire
reform. Between the mid-1960s and the mid-1970s,
spending on welfare increased dramatically and by the
early 1970s, the expansion ol welfare had come to be
viewed as an urgent national problem. Stories published
during 1972 and 1973 almost Invariably referred to tins
situation as the "welfare mess" and the weekly news-
magazines ottered story after storv focusing on misman-
agement in welfare burcaucr.ic ies or abuse of welfare by
people who could be supporting themselves. I his sus-
tained negative coverage ot welfare was accompanied by
the highest proportions of hi. a ks of any point during the
entire -4 \-\ ear period examined.
In stark contrast to the negative poverty stories of the
earlv h>7()s, newsmagazine poverty coverage during the
"Reagan recession" of the earlv ll>8()s was extremely sup-
|x>rtive ol the country's poor, focusing on the faltering
economy and the Reagan administration's efforts to "trim
the saletv net." these stories contained the smallest pro-
[Kirtion of blacks since the racial ization of poverty in 196.S.
\ good example is Xcwswvek's prominent storv titled
"The Hard-Luck Christmas of '82," which proclaimed,
"With 12 million unemployed and 2 million homeless,
private charity cannol make up tor federal cutbacks."
This Story went on to describe the desperate condition of
poor families living in camp tents or in automobiles,
portraying them as noble victims "who .ire paying the
price of America's failure ot nerve in the war on poverty."
Reflecting the general lack of black faces in these sympa-
thetic poverty stories, "The Hard-Luck Christmas of '82"
inc I tided only 17 African Americans among the 90 poor
people pictured.
Another theme in poverty stories from this period
concerned the "newly poor," thai is, formerly middle-
class Americans who fell into poverty during the reces-
sion of the early 1980s. Typical of this coverage is a
(white) family ot four profiled In a U.S. News <///i/ World
Report storv from August 1982. This story describes how
the lelehowskis were "plunged into the ranks of the
newly poor" when the father lost his job as a machinist
with an auto-parts company. No longer able to afford a
car or an apartment, the lelehowskis reluctantly applied
tor welfare and became squatters in an abandoned house
in Inner-city Detroit.
I be- storv about t Ik- lelehowskis, with their two small
c hildren and their determined struggle to support them-
selves, indicates the extraordinary sympathy thai the
"newly poor" received in news coverage from the early
1980s. Newsweek was even more extravagant in pro-
claiming the v irtues ot the newly poor, writing "The onl}
aspect ot American life that has been uplifted bv the
Figure 2. Perceptions of Welfare Recipients
Think most welfare
recipients are black
Think most welfare
recipients are white
In your opinion, what is more to blame
when people are on welfare?
26%
Circumstances |
beyond their
control
63%
Lack of effort
on their own
part
Do most people on welfare
want to work?
Do most people on welfare
really need it?
SOUKCt: CBS/New York Timei poll. December. 1 99*
fall 20nn Civil 1 il 23
continuing recession: a much better < lass ol pooi person,
better educated, accustomed t<> working, with strong
family ties."
it is iioi surprising, of course, thai povertj is portrayed
in ,i more sympatheti< lighl during economit hard
times. What is noteworthy, however, is thai sliitls in the
tone ol news reporting <>n the poor art- a< i ompanied bj
shiits iii the racial mix of the' poor people In news stones
The true proportion ol blacks among America's poor
remained virtually constant throughout these decades,
but the racial portrayals of the poor in newsmagazines
shitted dramatically as media attention turned from
highly critical coverage of welfare during the early 1970s
to highly sympathetic stories on poverty during the
recession of the earlv 1980s.
SHIFTS in the tone of news reporting on the poor
ARE ACCOMPANIED BY SHIFTS IN THE RACIAL MIX OF THE
POOR PEOPLE IN NEWS STORIES.
Media Images and Public Perceptions
The racial ebbs and flows of poverty images in news-
magazines are paralleled by network television news. In
1968 (the first year for which network news shows are
available), both newsmagazines and TV news included
high proportions of blacks in their poverty coverage; in
1982-83 the racial portrayal of the poor in both media was
largely white; and in 1988-92 the proportion of poor
African Americans in both magazine and televison news
was high again. Across these three periods, changes in TV
news portrayals mirrored those in the newsmagazines,
and in each period the proportion of blacks in television
coverage of poverty was slightly higher than the propor-
tion in newsmagazines.
For most of the period since the mid-1960s, news por-
trayals have greatly exaggerated the extent to which blacks
compose the poor. Not surprisingly, the public's percep-
tions of poverty reflect these media distortions. In national
surveys, Americans guess that half or more of the coun-
try's poor are black (depending on how the question is
phrased). Furthermore, this misperception is shared
equally by Americans living in parts of the country with
very few blacks among the poor (such as Utah and North
Dakota) and those in states with substantial numbers of
poor blacks (like Pennsylvania and Michigan). The geo-
graphic breadth of this misperception strongly suggests
that media images, not personal encounters with poor
people, are the driving force behind the public's racial mis-
perceptions of American poverty.
Media images affect Americans' perceptions of the
poor, and these perceptions in turn affect judgments
about the < auses "f poverty and support tor mi opposi
Hon to) government antJpovertj programs. Whites who
Hunt the poor art mostly blacl are more likely to blame
welfare re< Lpients tor theii situation and are more likely
tooppi >■' welfart than those with more accurate percep-
tions of poverty in one survey, for example, respond
were asked which is more important when people are on
welfare: lack of effort or circumstances beyond their con-
trol (see figure 2). Among white respondents who
thought most welfare recipients were white, half
answered "circumstances beyond their control" but
among white respondents who thought most welfare-
recipients were black, only one-quarter blamed "circum-
stances" while 63 percent said "lack Oi effort" was the
cause.
Studies show that most
Americans believe economic
opportunity is widespread
and that anyone who tries
hard enough can get ahead. It
follows that, although people
may be poor for many rea-
sons, any group that remains
poor generation after genera-
tion is probably not trying very hard. Thus, the exagger-
ated association of poverty with African Americans bol-
sters the centuries-old stereotype of blacks as lazy.
Racial stereotypes and misperceptions of the poor
reinforce each other. If poverty is a black problem,
many whites reason, then blacks must not be trying
hard enough. And if blacks are lazy, then it stands to
reason that poverty would be a predominantly black
problem. In short, the public rather dramatically mis-
understands the racial composition of America's poor,
with negative consequences for both poor people and
African Americans.
Explaining Media Misrepresentations
Why do apparently liberal journalists create news stories
that distort American poverty and portray the black poor
in a consistently negative light?
One might suppose that the location of news bureaus
in large cities could explain the tendency to overrepresent
the black poor. But contrary to popular perceptions, most
poor people in large cities are not black. .Alternatively, one
might imagine that journalists looking for poor people
would be drawn to the very poorest neighborhoods in
these cities. The racial mix of the poor in these neighbor-
hoods is more heavily black than in less impoverished
areas. Still, most of the poorest neighborhoods in the
country's biggest cities contain large numbers of non-
blacks. If news photographers, producers, wiiters, and edi-
tors tnily sought a more balanced racial portrayal of the
poor, it would not be hard to achieve — even if they
restricted themselves to the poorest neighborhoods.
24 Civil Rights Journal / Fall 2000
Most tellingly, racial distortions m povert) coverage an
not limited to (he overall representation of the poor I he
concentration ol poor blades in innei c Ities cannot explain
the sudden "whitening" oi povert) Images when news
coverage ol the poor becomes more sympathetic Nor can
it explain the lack ol black races in stones aboul sympa-
thetic Subgroups like the elderly or the working poor.
It the racial geograph) oi America's poor cannol
explain the ra< ially distorted coverage ol poverty, we must
consider the role oi stereotypes held by those who pro-
duce the news, [ournalists working al the country's elite
media organizations do tend to he political liberals. But
Surveys show thai even liberal whites often harbor the
same racial stereotypes as other white Americans.
When a recent sur\cv asked white respondents to place
Mai ks as a group on a scale trom hard working on one rwd
to lazy on the other, tar more whites chose the la/v side ol
the scale. Even whites who tailed themselves liberals more
often labeled blacks "lazy" than "hardworking."
[ournalists may differ in their racial views trom other
liberal whites, ol course, and may be less likely to consider
African Americans lazy hut stereotypes function at the
subconscious as well as the 101m ious level, and the choice
ot examples with which to illustrate stories on poverty
ma) depend as much on subconscious judgments about
what is "appropriate" as on conscious evaluations of
blacks and the poor.
Psychologists have shown that even people who con-
st. i< hisK rejei t a particular stereotype may nevertheless use
that stereotype subconsciously to evaluate social groups.
The notion ot a "subconscious stereotype" draws on the
idea that people hold a variety of beliefs and perceptions
that guide their behavior but ot which they are normally
unaware. When people act purposefully and reflectively,
their conscious beliefs guide their actions, but when they
act "on impulse" their subconsi ious stereotypes can influ-
ence their decisions.
The text of a news stop.' is the result < >t quite deliberate
da ision making. Journalistic norms ot lairness and ,mu-
racy apply, even it they an- not always followed as fully as
one might like. Hut the examples that illustrate a news
stor\ are typically subject neither to the norms ol an urai \
nor to the conscious deliberation that shapes the story's
text, lew journalists would be willing to produce a story
that Inaa uratel) reported the racial composition ot Amer-
ica's [x>or. hut photographs are not held to the same stand-
ards, and their selection reflects a large!) subconscious
|udgmen1 process in which considerations ot accuiacv
may be overshadowed In concern with artistic merit,
emotional power, or symbolic rcsonaiu e
in my conversations with photo editors at the three
week!) newsmagazines, I found that none had am dear
M-nsc- oi bow their magazines had portrayed the- poor.
Photographs are c hoseii stor\ bv StOI) and no attempt is
made to keep trac k ot the results ot the process in terms ot
racial representation or am other criteria I hat is not to
What's Wrong
with this Picture?
A cover story on welfare reform that appeared in U.S.
News and World Report in January 1 995 indicated in a
side-bar that 43 percent of long-term welfare recipi-
ents are black. But 1 4 of the 1 8 welfare recipients
chosen to illustrate this story (or 78 percent) were
African American.
Despite repeated efforts over the course of several
weeks, the journal was unable to secure rights to the
photos in time for publication here. However, we are
able to reprint the captions accompanying them.
LACK OF EDUCATION: Aletha Townsend of Grand
Rapids, Mich., at home with three of her children,
has taken adult-education classes for 10 years but still
has no diploma.
MAKING EXCUSES: Rebecca Ybarra of Moreno,
Calif., with her children Robert and Rayleen, elimi-
nates some potential jobs because she's "not a morn-
ing person."
SUFFERING ABUSE: Carmen Mattison of Grand
Rapids, Mich., is training to be a nurse's aide. The
father of her first three children is in prison for
molesting one of her children.
CARING FOR THE ILL: Bertha Bridges of Detroit, who
has been on AFDC for most of the past 1 5 years,
fixes her daughter Angel's hair. Her son suffers from
depression.
BATTLING DEPRESSION: Caseworkers in Kenosha,
Wis., found 22-year-old Kim Towers struggling with
depression and referred her to a therapist. (Interest-
ingly, this relatively neutral caption accompanied the
only photo of a white person in the main story.)
say that journalists are unconcerned with how their
images relied, or tail to retlect, realitv; but the- process ot
Selecting examples to illustrate the news is simph not
designed with accuracy as a primar) consideration.
\s we have seen, the largely subconscious process ot
Choosing examples to illustrate news stories on povert)
results ma particular pattern ot ra< lal Imager) not only is
poverty coverage dominated bv blac k laces, but the i.:i lal
mix i it examples varies depending on the subgn tup I >t the
Kill 2000 Civil 25
poor being < overed. As one of the photo editors suggested,
only some knul oi "subtle ra< Ism" can explain these pat
terns oi racial misrepresentation oi povertj In t f u • Ameri-
can news media.
[ournalists are professional observers and < hroni< lersoi
our sot i. 1 1 world. Bui they are also residents of thai world
and are exposed to the same biases and misperceptions
thai characterize society al large. When journalists' mis
perceptions creep into news stories, however, they gain
exposure to .1 vasl audience and serve to perpetuate the
stereotypes thai have unfairly burdened African Ameri-
cans tor centuries.
THE EXAGGERATED association of poverty with
African Americans bolsters the centuries-old
STEREOTYPE OF BLACKS AS LAZY.
Solutions
To combat public misperceptions of poverty, news
organizations must broaden their concern for accuracy
to encompass the pictures as well as the text of news sto-
ries. Providing readers with factual information is cer-
tainly important, and more frequent references to the
true nature of America's poor might help. But textual
information alone will not be enough if it continues to
be accompanied by misleading images. Nor is it enough
simply to increase the number of white faces in stories
on poverty. Equally important, if not more so, is the way
that poor whites and poor blacks are portrayed. If blacks
are less numerous in poverty coverage but continue to be
disproportionately identified with the undeserving poor,
then little will have been accomplished.
On the whole, we would expect members of minority
groups to be more sensitive to negative stereotypes of
their group. Consequently, one important step to raise
the level of racial awareness in news coverage is to
expand the representation of minorities in the news-
room. Although important strides in this direction have
been made over the past decades, minorities remain sub-
stantially underrepresented in media organizations, and
progress toward integration has now slowed to a crawl.
But it is not the sole responsibility of minority jour-
nalists to supervise the behavior of news organizations in
this regard. On the contrary, it is the responsibility of
news professionals of all races to see to it that the news
does not distort the social world by portraying certain
groups in unjustifiably negative ways.
In response to concerns about the images of minori-
ties in the news, some news organizations have insti-
tuted "photo audits" to systematically track the way
minorities (or women) are portrayed. For example, in
\')HH the Seattle JTnu ■ began to counl photograph] oi
minorities appearing In positive, neutral, and ro .
1 ontexts, and found thai negative Images oi minorities
outnumber! d pi isftivi imagi s bj tour to one
in response to this dismal portrayal oi minorities and
to the discussion .m<i "consciousness raising" thai
cum icd ,11 1 101 ix the news staff, < overage 1 hanged In the
following year, positive images oi minorities outnum-
bered negative images. Bj 1990, the limes published
twice as many photographs depicting minorities i>osi-
tivelj ,is negatively (a ratio thai closely approximated
the portrayal oi whites in the limes' coverage). As the
Sail lie Times' experience
shows, when a news organi-
zation makes the fair repre-
sentation of different social
groups a priority and takes
concrete steps to monitor its
own news content, substan-
tial change can be accom-
plished in a short time.
I he poverty population as
shown in the news — predominantly black, overwhelm-
ingly unemployed, and almost entirely nonelderly — is
unlikely to generate much support for government
an ti poverty programs among white Americans. Nor is
public support for efforts to redress racial inequality
likely to be bolstered by these images. Not only do
African Americans as a whole suffer from the exaggerated
association of race and poverty, but poor African .Ameri-
cans (who are often the intended beneficiaries of race-
targeted policies) are portraved in a particularlv negative-
light.
Changing the way poor people are portrayed in the
news will not, in itself, upend public attitudes toward
race and poverty. The stereotypes involved are too old
and too ingrained. Yet stereotypes do change, and social
groups that were once reviled are now accepted.
African Americans too have gained much ground in
the battle for social and economic equality. But progress
has been too slow and setbacks too frequent. The mass
media have played a crucial positive role at many junc-
tures in the fight for racial equality, but in their portray-
als of poverty, network television news and national
newsmagazines have been the kind of "friends" that
poor blacks can least afford. CJ3
In keeping with the Commission !s guidelines, the three news
magazines mentioned in this article have beeen offered an
opportunity to respond. Responses received after the publication
of the Journal will he published in the next issue.
Martin Gilens is Associate Professor of Political Science
at UCLA. His book Why Americans Hate Welfare: Race,
Mei )Ia, and the Politics of Axn-Pt n t.rt) A ulcv was pub-
lished by the University of Chicago Press.
26 Civil Rights Journal / Fall 2000
Human
Radiation
Experiments:
The Still Unfolding Legacy
by Dan Guttman
In November 1993, journalist Eileen Well-
some gave names and real life histories to 18
Americans who had been injected with plu-
tonium, a key ingredient in the atomic
bomb. The patients were used in secret
experiments, reportedly without their con-
sent, to understand how plutonium courses
through the human body. The data from
these experiments were collected to try to
limit the hazards facing thousands ot work-
ers at the Manhattan Project, the govern-
ment's top-secret war-time effort to develop
the A-bomb. After Wellsome's series
appeared, reports on other "human radia-
tion experiments" — including testicular irra-
diation ot prisoners in Washington and Ore-
gon and radioisotope laced breakfast served
to institutionalized children in the "science
club" at the Fernald School in Massachu-
setts received widespread attention.
The public controversy that ensued
brought basic questions to the lore: How
main experiments were sponsored bv the
government, and why? Was anyone
harmed? what, it anything, were the sub-
lets told? What ethical principles guided
the experiments at the time, anil how
should these principles be evaluated in ret-
rospect? What should tin- government's
response be today?
in fanuary 1994, Presidenl ( Linton
appointed the \d\ isorv Committee on
Human Radiation Experiments, whose it
iJ ^
Ken Case, 1 984. N< n, Nev.
lall.? 27
members ln< luded .1 < Itlzens representative and experts
in bioethics, medicine, radiation science, history and
law. I served as the Exe< utive 1 >ire< tor (and was gifted
with .111 extraordinary stafl 1.
1 he < Committee w.is
tasked to unearth and
tell the story ol hum. in
experiments thai took
place in the i*M4-74
period (prior to the
Introduction oi broad-
based regulation requir-
ing disclosure and con-
sent In federally funded
human experiments),
and to determine how
the experiments, under-
taken in a different era
and with different
standards, should be
judged. The Committee
was also tasked to eval-
uate the billions of dol-
lars in ongoing federally
long secret, ranging from the administrations oi
franklin Roosevelt to Gerald Ford, ["he < ommittee
reviewed thousands oi <io( uments, Interviewed dozens
oi surviving resean hers, offli lals and partu Ipants, held
',1 daysol publii hearings, and sur-
: veyed ongoing resean h. fl he final
h port, published bj < beford 1 m
-_ — — ^^ I versity I'ress, contains a "< 11
KMDIATIOHI hazard "^ " <'""l<' '" 'U<(SS the documenta-
PROHIBITFn A- As the < on
wed In the ( oiiimittee'%
PROHIBITED
THIS INCLUDES BLASTED DEBRIS. FUSED SUCA
METAL FRAGMENTS.* LOCATED forth., toPOMT
oiiunittee's research pro-
gressed, it became clear that to
understand contemporary thinking
about the ethical questions posed
by human radiation experiments, it
was necessary to understand the
new roles undertaken by biomed-
ical researchers at the intersection
of the fast-growing fields of radia-
tion science and government-spon-
sored research at the start of the
Cold War. A pivotal clue came from
long-classified documents filed in
"
EXPERIMENTS COINCIDED WITH THE ALLIED TRIBUNAL'S
1947 PROMULGATION OF THE NUREMBERG CODE, WHICH APPLIED THE PRINCIPLE
OF CONSENT TO JUDGE THE BARBARIC "EXPERIMENTATION" PERFORMED BY NAZI
DOCTORS.
sponsored human experimentation (including non-
radiation research), to assess the workings of the regu-
latory system implemented in the 1970s.
When the Committee began its work, some citizens
expressed strong views about how to judge past prac-
tices of disclosure and consent. Today, Federal rules
require prior review of proposed experiments, to ensure
that all the relevant risks and benefits have been con-
sidered and that informed consent has been provided
for. Many citizens, including researchers and scholars
on the evolution of medical ethics, pointed out that
today's standards were not in effect fifty years ago. Oth-
ers countered that it is self-evident that no one should
be experimented upon without his or her voluntary
consent. Moreover, they pointed out, the plutonium
experiments coincided with the Allied tribunal's 1947
promulgation of the Nuremberg Code, which applied
the principle of consent to judge the barbaric "experi-
mentation" performed by Nazi doctors.
To address these issues, the Committee plunged into
the reconstruction of government programs, some
the archives of the Atomic Energy Commission (AEC).
Secret memoranda dating from the AEC's 1947 reflec-
tions on the Manhattan Project experiments revealed
that the principle of "informed consent" was, in fact,
well understood in the inner sanctums of Cold War
biomedical research programs. However, the docu-
ments also showed that the task of translating that
principle into practice was repeatedly frustrated, both
by the bureaucracy's view that it was entitled to protect
itself and its numerous contractors against embarrass-
ment and liability, and by the biomedical profession's
view that requiring informed consent was an
unneeded intrusion on its traditional role as protector
of the patient.
It must be emphasized that the Committee found
relatively few cases in which subjects of non-therapeu-
tic experiments sustained injury. (It recommended that
compensation be provided in all such cases.) The vast
majority of experiments involved radioisotope "trac-
ers" which were intended to measure bodily processes
and, by definition, were administered in amounts
28 Civil Rights Journal / Fall 2000
sufficiently small as not to perturb the processes
being measured (i.e., to have an "acute" effect). \t
the same time, it cannol be gainsaid thai l< »h>;ct-
tenn risks, however small, were also present, rhe
t ommittee could not determine whether any
Individual was physically banned as a result oi the
plutonium injections; it did find evidence ol kid-
ney damage In some patients exposed to uranium,
in soiiit- non-therapeutk experiments involving
children, exposures were associated with an ele-
vated (and unacceptable) lifetime risk ol develop-
big certain cancers. The greatest demonstrable
harm W3S to uranium miners who remained sub-
jects ol government observational research during
periods in which they were known to be experi-
encing excessive exposure to hazard. Several hun-
dred have died of lung cancer that might have
been prevented had the government insisted to
government contractors that mines be ventilated,
instead ot choosing to continue the research as the
risks mounted.
But, by and large, the story found by the Com-
mittee was one of the nation's most trusted pro-
fessionals— medical researchers, public servants,
military officials — seeking to serve two critical and
worthy purposes: safeguarding national security
and advancing medical knowledge. The govern-
ment and its researchers were, in the context of
their times, aware of the risks that citizens were
being subjected to and, with important excep-
tions, such as the uranium miners, sought to min-
imize the risk and prevent harm. However, while
there were relatively few injuries, the Committee
found that the government and its researchers typ-
ically failed to tell subjects that they were the sub-
jects of experiments, and to ask for their consent.
Although their ends were laudable, the govern-
ment and its researchers in effect used patients,
soldiers, and workers as guinea pigs.
The Historical Framework
The earliest human radiation experiments took
place soon after the 18\>.S discovery of radioactiv-
ity, which was immediately recognized as a revo-
lutionary tool for medicine-, and, indeed, was trag-
ically marketed as a patent medicine elixir. In the
1930s, campus gatherings ot biologists and physi-
cists yielded the birth ot nuclear medicine, with
atom smashers producing radioactive "tracers"
that haw been essential to understanding meta-
bolic processes and diagnosing ills.
I he Manhattan Project transformed this col
tage research. Keenly aware that exposure to radi-
ation had caused an epidemic ot |aw disease
among women who had been employed painting
PHOTO Carole Gallagher
Richland, Washingtc
Poet Debora Creger remembers growing up in the shadow of a
nuclear weapons plant.
I grew up in a desert. A desert twice over, second-growth desert —
the first settlers, ranchers and orchardists, were forced out by the
government in the 1 940s to make way for the biggest stateside
secret of the war, the building of the Hanford atomic plant. The
plant, though even its workers hadn't known it at the time, made
the plutonium for the bomb dropped on Nagasaki. The high
school team was named the
Bombers. The school ring had
a mushroom cloud on it.
My father had a security
clearance. I didn't know what
he did for a living, just that he
rode the bus out into the desert
every day, like every other
father I knew. At supper he'd
tell us sometimes what he'd
seen on the forty-mile trip —
rabbits, deer, coyotes, goats
gone wild. In winter the goats
sheltered in a bank left standing
where a town had been, the
bank's cement walls too thick to
be flattened. Perhaps he told us
about this because he wasn't
supposed to talk about his
work.
I grew up in the wind. Wind
in the cottonwoods of the shelterbelt, then in the walls of the
house, or filling your clothes, bringing you dust. Tumbleweeds
rolled through town, down the streets named for dead army
engineers, up the ones named for the trees from some greener
world. Past the schools named for white men who took that
remote corner of the West from the Indians. Past the one named
for their Indian guide, and the one for a chief they defeated with-
out killing. Past the neon atom spinning above the Uptown
Theater, "uptown" a wild dream, a single block of shops two
blocks north of "downtown" and its small handful of stores. Past
the bowling alley, the Atomic Lanes.
This is the landscape by which all others are found wanting.
The bare hills — such extravagance of browns and grays. The sil-
very browns. The brassy, coppery, golden grays. The Bois de
Boulogne, the hills of Umbria, even Seattle just over the moun-
tains— too green, too many trees. The canyons of Manhattan —
so much to see, you couldn't see anything. Richland had more
than enough sky. Wind was the landscape. It had swept out the
past; the present was dust. I can almost taste it. The rain smelled
sweetly of it. Even the snow was dusty. Even the dust, though we
didn't know it then, was radioactive.
Creger's collection, Desert Fathers, Uranium Daughters is available
from Penguin Books.
Fall 2 29
radium wat< h "glow In the dark" dials In the 19 10
resean hers( i< >m-I\ monitored the effect of radiation on
Manhattan Pro)ecl workers rhls "clinical study of the
personnel," Manhattan projed radiation researchei
Robert Stone wrote In 194 ', "is one vasl experiment."
When the War ended, bomb fa< llities were harnessed
by the newly created ai-.c to produce radioisotopes for
"hum. in use." By the n i id- 1 «>S( >s these radioisotopes had
been employed in hundreds, perhaps thousands, <>i
human experiments, most conducted by universities and
hospitals. This research, often noted in technical litera-
ture at the time, yielded enduring benefits in diagnostic
procedures, therapies, and understanding. Practices that
at the end of World War II were limited to a lew do/en
practitioners are now mainstays of modern medicine.
The ( lommittee found that the AEC radioisotope pro-
gram did address risk and safety issues, essential compo-
offl< ials, eac h with thru own vi ot < ompeting interests
anil elhx al COri( 'iir.
The AEC in 1 947: Disclosure Mandated but Not
Permitted
Despite the hypothesis shared by main ol the- < oiiimit
tee members thai our < onnmpor.irs notions ot
informed consent had simply not emerged at the time ol
the experiments— it turned out th.it leading mid-century
atomic energy officials and researchers were themselves
attuned to the core issues ol Individual dignity and
openness, lor example-, David l.ilienthal, first chair of
the Al.< , declared in his 1946 Senate I onlirmation hear-
ing that the government "must promote and protect and
defend the integrity and dignity of the individual." In
communism, he explained with the strongest disap-
Secret memor
DATING FROM 1947 REVEALED THAT THE PRINCIPLE
OF "INFORMED CONSENT," WAS, IN FACT, WELL UNDERSTOOD IN THE INNER
SANCTUMS OF COLD WAR BIOMEDICAL RESEARCH PROGRAMS.
nents of ethical research, both at the national level and
through local "human use" committees.
However, the radioisotope program's protocol did not
similarly address and provide for disclosure and consent.
Prior to the onset of the Committee's work this finding
might not have raised eyebrows; broad Federal disclo-
sure and consent rules were not issued until the f970s,
and historians of medical ethics believed that the princi-
ple of informed consent was not even in circulation at
that time. However, long secret documentation revealed
that the ethical question of "informed consent" was not
only brought to the fore by the cascade of post-war gov-
ernment sponsored human research, but — behind closed
doors — was the subject of acute attention by atomic
energy officials and researchers. Indeed, it was in the
context of this radiation research that many of the con-
siderations we now take for granted, such as risk regula-
tion and informed consent, were first articulated and
debated.
Even then, of course, the basic considerations were
not new. Whenever a doctor is also a researcher, a poten-
tial for conflict emerges between the advancement of sci-
ence and the advancement of the patient's well-being.
The conflict is particularly acute in cases where, as in
much biomedical research, there is little expectation that
the research will be of benefit to the subject (that is, the
research is nontherapeutic), though it ultimately may be
of great social benefit. What was new was the scope and
depth of medical research, and the context within which
it was taking place: large, federally funded projects
involving researchers, bureaucrats, and government
proval, the state is not limited by "ethical standards." In
1947, a blue ribbon Medical Board of Review convened
by Lilienthal declared that "secrecy in scientific research
is distasteful and in the long run is contrary to the best
interests of scientific progress. ... in so far as it is compat-
ible with national security, secrecy in the field of biolog-
ical and medical research [is to] be avoided."
These public proclamations were put to the test, how-
ever, when the AEC was given responsibility for deciding
what to do about previous and ongoing Manhattan Proj-
ect experiments. In late 1946, for example, a report on the
plutonium experiments was declassified. When the AEC
began operations, however, the report was reclassified to
"restricted." A February 1947, memo — uncovered by a
Committee staffer in a classified Oak Ridge, Tennessee,
vault — vividly recorded internal AEC concerns:
The [plutonium research report) appears to be the
most dangerous since it describes the experiments
performed on human subjects, including the actual
injection of plutonium metals into the body ...
Unless, of course, the legal aspects were covered by
the necessary documents, the experimenters and
the employing agencies, including the U.S., have
been laid open to a devastating lawsuit which would,
through its attendant publicity, have far-reaching results
(emphasis added).
In a November 1947 letter to the researcher Robert
Stone, the AEC General Manager Carroll Wilson con-
veyed the Medical Board of Review's conclusion that
30 Civil Rights Journal / Fall 2000
"the mattei ol human experimentation" should remain
classified where certain "conditions" were not satisfied.
Wilson quoted from a preliminary unpublished and
restricted draft oi the Medical Board's report
We believe thai no substances known to be, oi sus-
pected oi being, poisonous or harmful should be
given to human beings unless all ol the following
conditions are fully met (a) tluit a reasonable hope
exists that the administration of such i< substance "ill
improve tine condition of the patient; (b) thai the patient
give his complete and informed consent in writing
(emphasis added).
I his recommendation, also uncovered in the ( om-
mittee's research, is remarkable on several counts. I irst, it
revealed that, in the inner sanctums of governmenl
research, the Ale articulated a requiremenl for
"informed consent" one decade prior to the first previ-
ously known use of the term (in a 1956 California court
decision). Second, it showed that national security was
never considered as an excuse for not doing the right
thing, even in the immediate aftermath ol World War ll,
at the inception oi the ( old War. hoth ol these findings
contradicted many people's original ideas about what
may have motivated the key actors involved in these
decisions.
Yet, if the principle of informed consent was regarded
as compelling, the need to keep secrets was perceived as
even more so. I he plutonium subjects (and/or their fam-
ilies) were not told of the experiments until the 1970s,
even as follow-up tests were conducted. (The vast pre-
ponderance ot other subjects were not followed up at all.)
I his same process the simultaneous recognition of
the applicability ot a principle (in this case, the impor-
tance ot disclosing relevant health information to
affected citizens) and the inability or refusal to act
accordingly — was behind the government's suppression
ot information regarding nuclear weapons workers and
communities, as well as experimental subjects. A 1947
memo from ( >ak Ridge to Al < I leadquartcrs put it:
Papers referring to the levels ot soil and water con-
tamination surrounding Atomic Energy Commis-
sion facilities, idle speculation on future genetic
effects Ol radiation and papers dealing with poten-
tial process hazards to employees are definitely prej-
udicial to the best interests ot the government.
Ever) suih release is reflected in an increase in
insurance claims, increased dilticultv in labor rela-
tions and adverse public sentiment.
Another memo from the same- era cited considera-
tions about the impact oi such information on the
morale oi employees, the bargaining position ol tin
unions, and the liability ol the government and industry.
The Role of the Medical Profession
I he \l ( \ response to the Manhattan Projecl experi-
ments reveals the mainsprings ot the evolution oi the
principle Ol Informed consent — now a bedrock principle
ol human subject research and by extension, provides a
fascinating case studv in the nature ol ethical progress.
Leaders In radiation research were aware of the ethical
questions involved in human experimentation, some ot
them articulated principles ot informed consent and
openness in words ot groundbreaking ,um\ enduring qual-
ity. Vet, these "modern" concepts coexisted with other
concepts concern lor public image, and tear ot limited
public understanding- that also have a modem ring.
When conflicts occurred, seucc v COO often won out.
In the contest between these concepts the- govern-
ment was often not the sole, and arguably not even the
main, actor. I he- medical profession played a critical
role. By World War II, it was conventional lor the mili-
tary to seek consent where subjects were healthy sol-
diers. Doctors, too, recognized the need to gain consent
before employing healthy subjects in non-therapeutic
research, hut as tar as the doctors were concerned, if a
previously established doctor/patient relationship
existed, the age-old tradition ot "beneficence" governed.
To put it bluntly, once you got sick, you were lair game,
at least if the doctor did not believe you were put at
unreasonable risk. (It was, of course, this thinking that
resulted in the cases, involving vulnerable individuals
such as the terminally ill, institutionalized children,
pregnant women, and prisoners used in the absence ot
perceived therapeutic benefit, that garnered the most
public outrage in 1994.)
A researcher recalled his experience at I larvard in the
1950s: "Mostly, I'm ashamed to say, it was as if — and I'm
putting this very crudely purposefully — as if you'd
ordered a bunch of rats from a laboratoiv ami von had
experimental subjects available to you. They were never
asked by anybody." Another recalled his experience at
Mottett Hospital in San I rancisco in 1956-57: "I'd tmd
some patients in the hospital and I'd add a little \( TH to
their infusion and collect urine... I didn't consider it dan-
gerous, hut I didn't considei it necessary to inform them
either." Researchers who did reflect on the Implications
ot the Nuremberg (lode assumed, as one put it, that it
"was a good code for barbarians but ,\n unnecessary code
foi ordinary physicians."
The 1947 Al ( documents show that biomedical lead-
ers close to the secret experiments recognized that it is
no less unacceptable to experiment on an unknowing
patient than on an unknowing healthy subject. Yet even
alter leading medical professionals realized this, lhe\
often tailed to abide bv it, and some ae tiv elv campaigned
against it. It was, perhaps surprisingly, die military that
episodically sought to bring practices to norm.
ih\ February 2<>. 1953, President Eisenhower's new
Sec ictarv ol Defense issued a " lop Sec hi" memorandum
Lit! 2000 l I al 31
to the servi< e se< retaries thai reiterated the prim tples oi
the Nuremberg Code, and required written and wit-
nesses Informed consent oi research subjects. Mins
Korean War action is furthei striking evidence that —
even at the height oi the Cold vv.ii the nation's top
officials did not contend thai national security needs
nullity consent requirements.) Bui as late as i<x>i-62,
the Harvard Medical School successfully beal back the
Army's efforts to impose- this restatemenl oi the Nurem-
berg (lode as a condition of Harvard's research contracts
with the Army. Harvard's Henry Beecher, who would
later emerge as a medical crusader tor experimental sub-
ject's rights, argued that the relationship of
doctor/patient trust and integrity of the researcher was
tlie key to protection and that "rigid rules will jeopardize
the research establishments of this country."
Medical profession conventions remained silent on
protections for patient-subjects in experiments that
ottered no direct therapeutic benefit but that physicians
believed posed acceptable risk. Ultimately, it was only
repeated public scandal — such as the now infamous
Tuskegee syphillis study — that led to the 1974 issuance
of the regulations that require that proposed research be
reviewed by "institutional review boards" to assure the
safety (and scientific integrity) of research, but also the
adequacy of disclosure and consent.
Fault Lines Continue to Emerge
The Committee concluded that it was wholly unaccept-
able for the government to conceal information from its
citizens to avoid liability and embarrassment. It recom-
mended that the government provide an individualized
apology and compensation to surviving family in all
cases where a coverup had taken place. In October 1995,
on receipt of the Committee's report, President Clinton
apologized to the families of the plutonium experiments,
and to subjects and families of other experiments.
Since the Committee officially closed shop in 1995,
there have been continuing revelations of malfeasance,
particularly with regard to thousands of nuclear weapons
workers and their communities. For example, a recently
publicized March 11, 1960, AEC memo shows that top
AEC biomedical officials recognized that "possibly 300
people at Paducah [Kentucky nuclear weapons facility]
should be checked out" for neptunium contamination,
but that there was hesitation to "precede to intensive
studies because of the union's use of this as an excuse for
hazard pay." In January 2000 a White House review of
the epidemiological data concluded that weapons work-
ers were, indeed, experiencing excesses of cancers and
other ills. On January 31, 2000, The New York Times head-
lined: "U.S. Acknowledges Radiation Killed Weapons
Workers; Ends Decades of Denials." In mid-2000, bipar-
tisan legislation was introduced to compensate workers
and survivors who suffered from the, legal '. \nd in Sep-
tembei 2000, an investigative series in ( s\ Today
reported ih.it beyond the still-unfolding story oi i overup
and harm at the large well-known government -owned
and contractor-operated weapons sites (such .>
Ridge), lies the hitherto untold story of deceit and
led at numerous long closed and forgotten facilities
owned and operated by t on traitors.
Even once the historic al a< < ounting is finally settled,
the larger issues identified hy the < oinmittec will con-
tinue to require vigorous attention. As the ( oinn.
review of ongoing research (including non-radiation
research) revealed, many of the issues that emerged in
the context of radiation research resonate in today's
ongoing debates and headlines. I he Committee, tor
example, found too few resources devoted to oversight.
Now, news reports of deficiencies at major research insti-
tutions have caused the review and shakeup of Federal
oversight bureaucracies. The Committee found that left
to its own devices, the biomedical community did not
provide adequate disclosure and consent. Now, press
investigation indicates serious conflicts of interest in suh-
ject selection in research funded by drug companies,
which is not subject to direct Federal disclosure regula-
tion. The Committee found serious deficiencies in
research where the interest of patients and doctors in
breakthroughs may lead to undue researcher optimism
(as in novel cancer treatments). Revelations regarding
genetic experimentation are now the subject of official
concern and attention.
It is important to understand, particularly given
today's cynicism about government, that the govern-
ment led in the recognition of the ethical principles
involved in the radiation experiments. In addition to the
early articulation of informed consent, the AEC pio-
neered the institutionalization of risk regulation in
human subject research. However, while government
leaders pressed their principles into policy in some cases,
they failed in others. At the same time, the biomedical
research community did not itself insist on a principle of
consent that was, as we have seen, well within its grasp.
The consequences have been lasting, and not only for
the patients. As the Committee found repeatedly during
the course of its public hearings, even in those cases
where the government and researchers did act responsi-
bly, affected citizens testified with passion that they did
not find their government credible. 33
Dan Guttman (dguttm.an@ari.net) served as Executive
Director of President Clinton's Advisory Committee on
Human Radiation Experiments. He is a Fellow at the
Center for the Study of American Government at Johns
Hopkins, and counsels the union ihat is the primary
REPRESENT.ATTVE OF HOURLY WORKERS AT THE NAHON'S NUCLEAR
WEAPONS COMPLEX.
32 Civil Rights Journal / Fall 2000
Global
How America's Civil Rights
Struggle Can Help Itself by
Helping the World
by Gay McDougall
The movement for racial justice and equality in this
country is now being presented with a unique oppor-
tunity to "internationalize": the United Nations World
( onterence Against Racism, Kauai Discrimination,
Xenophobia and Related Intolerance. The World < on
ference Against Racism is being hosted by South Africa,
a lining venue for a global discussion on new and effe<
live approaches to combating racism. Hie conference
will take place from Augusl Jl to September 7, 2001 ,
I his conference will be more than just a one-time
event. It is a global process that civil rights organiza-
tions and soi la] justice groups in the I Inited states can
contribute to and benefil from in a number oi ways.
is. groups can contribute their expertise and experi-
ence, particularly in the area ol dvil rights advocaq
and litigation. At the same time, U.S. groups can bring
international attention to the problems we continue to
tace in this countr\ from hate crimes, racial bias in
the criminal justice system, de facto segregation in pub-
lic education and residential patterns, to environmen-
tal ra< ism and xenophobia.
I he I f.S. government's record on iac ism is being held
up to scrutiny, and U.S. policies on such importanl
"( )//cc' our freedom is lifted from the civil
rights label to the level of human rights,
then out struggle becomes internationalized. "
— Malcolm X
matters as affirmative action, reparations and hate
speech arc- being examined tor the degree to which
they are in compliance with international standards.
Groups that participate in the World ( .onterence
Vgainsl Racism process will be able to monitor the
commitments thai the U.S. government makes in
international forums. They will also be able to form
international, regional and national networks with
other groups engaged in the light against rac ism.
1 he mam themes on the agenda ol the World ( on-
terence Against Racism were determined by govern-
ment representatives at a United Nations meeting in
May 2000, with considerable input from non-govern-
mental organizations. I he agenda, discussed in more
detail below, will be further developed in subsequent
meetings. While the U.S. government will attempt to
downplay certain controversial or sensitive topics,
many NCiOs will seek to place all the relevant issues on
the World (onterence agenda.
U.S. groups will not be the only ones pushing lor affir-
mative action, reparations, environmental justice, oi
criminal justice reform. These are, in fact, international
issues and national priorities for the' marginalized mk\ the
disenfranchised in mam regions ol the world, such as.
Brazil, India. Nigeria, the I fnited Kingdom and elsewhere.
Native Americans in this country and aboriginals in Aus-
tralia and New Zealand will put forward their claims to
i iiltiir.*! and land rights at the World ( onterence Against
Racism. Racial minorities in the U.S. can join racial
minorities in Spain and Sri Lanka in demanding equal
a< cess to education and employment. Racist immigration
policies in the U.S., Europe, Australia, and Asia will be
challenged through the World ( onterence process, as
well as institutional racism in corporate America and in
the global economy.
Perhaps the most important opportunity Ol the
World ( onterence Vgainsl Racism is to make visible
those groups and communities who are impacted by
racial discrimination but who are, tor the most part,
"in\ isible," both outside and within their countries and
regions. The descendants "I \Iih an slaves in countries
such as ( olumbia, Uruguay and other parts oi Latin
America, the Roma (or Gypsies) in ( entral and I astern
Europe, and the Dalits in India, are some ot the \ ictims
oi racism who have received relativel) little attention
in the past. I Ik- World < onterence will provide a forum
lor their issues to emerge onto the international
laii 21 ournal 33
agenda, and assume greatei prominence and urgencj
both Internationally and domestic ally.
idi the U.S., the World I onference Against Racism
( hallenges us to be both Inward and outward looking,
to be candid .uhI forthrighl aboul oui problems, to be
willing to learn from the experiences and practices of
oilu'i countries, and to be spec Lfl( and at tion oriented
in our plans foi the future while coming to terms with
our history. II it is to take the World ( onference and its
objectives seriously, the U.S. government will nvcd to
examine .i number oi controversial and complex issues.
For example, under the tirst theme on the World
< onference agenda "Sources, Clauses and Contempo-
rary Manifestations of Racism"- the legacy oi slavery
and colonialism is an unavoidable issue that must be
addressed by the U.S. and the global community. I he
issue ot unequal economic development and the
impact ot economic globalization will also feature
prominently in the World Conference discussions, as
will other "hot button" issues, including discrimina-
tion on the basis of skin color (or "white-skin privi-
lege"), criminalizing hate speech, and issues relating to
racial bias in the criminal justice systems, such as racial
profiling, sentencing disparities and police brutality.
U.S. GROUPS CAN BRING INTERNATIONAL ATTENTION
TO THE PROBLEMS WE CONTINUE TO FACE IN THIS COUNTRY
The second theme on the World Conference
agenda — "Victims of Racism" — will be an opportunity
to consider the racial dimensions of problems that are
usually analyzed within other paradigms: for example,
ethnic conflicts in Bosnia or Rwanda; denial of the
rights of indigenous populations, including Native
Americans; and the unique experiences faced by
women suffering discrimination based on gender com-
pounded by race.
The third theme on the World Conference agenda
refers to "measures of prevention and protection
against future acts of racism and racial discrimination."
This is the forward-looking segment of the agenda.
Having identified the root causes of racism, the ques-
tion here is how to engineer a society that does not
generate the conditions for racism in the future. An
important part of this discussion will be addressing
inequalities with respect to economic rights, an issue
that the U.S. government consistently fails to acknowl-
edge, particularly in international forums. The United
States has expressed no intention to ratify the Interna-
tional Covenant on Economic, Social and Cultural
Rights, which obligates governments to take steps to
ensure all persons the right to an adequate standard of
living, such as adequate housing, food and health care.
The U.S. government will be called upon to address the
i,k i thai people "i i "i"i .i" disproportionate!) among
th< economically disadvantaged In this country. It is
hoped that this theme will also include a lively and
.line discussion oi positive '•■■ the Internet and
media
Undei the fourth Item on the World < onferi
agenda "remedies, recourse and redress tor rac Ism"
issues sm h as reparations and affirmative a< t ion prom-
ise to be al the centei oi debate and political contro-
versy. Importantly, both reparations as a form Oi redress
tin gross violations oi human rights, and affirmative
action .is a "special measure" to secure the adequate
advancements ot certain disadvantaged groups an
Ognized tenets ol international human rights law. I he
World Conference Against Racism will challenge the
U.S. government to face these issues head-on. I here is
a great deal to be learned from how other countries
have approached and dealt with these issues.
finally, the fifth theme on the World Conference
agenda deals with strategies to strengthen the capacity
of international organizations, such as the United
Nations and the Organization of American States, to
play a constructive role in eliminating racism world-
wide. The U.S. government will need to examine its past
and current level
of compliance
with international
human rights
standards against
racism. The U.S.
government has ratified only four of the major interna-
tional human rights treaties: the International Conven-
tion on Civil and Political Rights, the Convention
Against Torture, the Convention Against Genocide, and
the International Convention on the Elimination of All
Forms of Racial Discrimination ("Race Convention" or
"Convention").
The Race Convention, ratified by the U.S. in 1994, is
a cornerstone of the World Conference Against Racism.
The Convention obligates the U.S. to (a) refrain from
actions that create or perpetuate patterns of racial dis-
crimination in law or practice, (b) prohibit discrimina-
tion by any private person, group or organization, (c)
adopt and enforce criminal sanctions for racist speech
or membership in racist organizations, (d) guarantee to
everyone equal enjoyment of their civil, political, eco-
nomic, social and cultural rights, (e) institute affirma-
tive actions, policies and programs when warranted,
and (f) ensure effective protection and remedies against
any acts of racial discrimination. Countries that have
ratified the Convention must submit a periodic report
to the United Nations Committee on the Elimination
of Racial Discrimination (CERD), which oversees com-
pliance with the treaty. The reports are then used by
CERD to assess the degree to which the governments
have met their obligations.
34 Civil Rights Journal / Fall 2000
PERHAPS the most important opportunity of the
World Conference Against Racism is to make visible
those groups and communities who are impacted by
racial discrimination but who are, for the most part, "invisible," both
outside and within their countries and regions.
Unfortunately, when the U.S. government ratified the
i onvention, it attached a number ol reservations,
understandings and declarations (RUDs)tothe treaty, in
.m effort to limit the extent to which the treat) might
expand the rights ol racial minorities under existing U.S.
Liu and to foreclose access to U.S. courts to enforce those
rights. In addition, the U.S. government has not
accepted the jurisdiction ol ( ERD to hear individual
complaints ol racial discrimination, pursuanl to Article
14 ol the ( onvention. In connection with the World
( onference, the United States will be called upon to
review and remove .ill RUDs taken to the ( onvention, as
well as to accede to Article 14. accepting ( lERD's jurisdic-
tion to address complaints from American citizens alleg-
ing that thej arc victims ol the failure ol the U.S. gov-
ernment to fulfill its obligations under the ( (invention.
lo its credit, the ( linton Administration demon-
strated an Important level of commitment to meeting
its human rights obligations by issuing an I xecutive
Order on the Implementation of Human Rights
Ireaties. I he Executive order created an Interagency
Working Group to coordinate implementation ol treat)
obligations, to develop plans tor outreach and educa-
tion, and to direct an annual review ol RUDs entered by
tin l S. to human rights treaties.
I he I linton \dministration also gave the World
( onference Vgainst Racism heightened importance
and stature by moving the locus ol conference plan-
ning into the' ( >it ice ol the White House Deputy < hie!
ol Staff, and by establishing the White House' ["ask
Force on the World ( onference. ["he I ask force con-
vened a number ol meetings around the countr) to
inform \meric ans about the conference .un\ to sample
public opinion on each ol the themes on the agenda ol
the World I onference. 1 lowever, more outrea< h efforts
are needed to ensure thai the American publii is made
aware ol the' World ( onlcrence and given the opportu-
ne to contribute to the development ol I S polic)
With respec t to the c onlerellc e.
[lie U.S. will be a major player in the World < onfei
ence \g.nnst Racism through its role as an Influential
member ol the I fnited Nations and through its histori-
cal and currenl practices (both positive and negative)
dealing with race-related issue's. I his countr) has .1 lot
to offer the' world through the World < onference
process, is anti-discrimination legislation is among
the most comprehensive- m the world, prohibiting dis-
crimination b) puhlu and private actors in housing,
employment, education, voting and access to public
accommodations. I he U.S. also has a vibrant, exten-
sive and sophisticated NGO sector, as well as national
institutions that can provide a model tor establishing or
Improving similar institutions in other countries.
For the U.S. to make substantial contributions to the
gl< ibal c ampaign against ra< ism, and lor it to expand its
own repertoire of effective strategies to eliminate ra< ial
disc rimination, it must fully engage in and support the
World ( onference Against Racism. I he U.S. govern-
ment should send prestigious individuals as its delega-
tion to the World Conference' and preparator) meet-
ings, file delegation should include both government
and non-government members who have demon-
strated expertise in combating racism. At the World
( onlcrence, the U.S. should push tor all governments
to make specific commitments and set measurable
goals tor actions they will take to eradicate rac ism and
ra< ial discrimination within then countries.
I he World Conference pioccss can be a major step
toward bridging the gap between the movement to com-
bat i.ic ism globally and what we refer to here as the I I.S.
civil rights movement. If it is taken seriouslv and pursued
with commitment and a willingness to take important
vel controversial issues head-on, the World ( onlcrence
Against Racism can jM new momentum to the move-
ment !( >r rac ial justice and equality in the I I.S. 0
(iAY M< DOIGALI. IS Nil IXHIIIVI DIKK lOROl llll INTER-
NATIONA] Hi MAN Rloiiis I vw GROUP AND A RECENT Kl * iri-
ENTOl \ M« ( lARTHUR VWARD.
// you would like to receive a copy of the International
Human Rights Law Group's "< ombating Racism Together:
\ Guide to the ( \ World ( onference Against Racism" <>i
"The Report <>l the Bellagio < onsultation on the World
( onference Against Racism" (both available in English,
Spanish, French and Portuguese), please visit the website <>t
the International llannm Rights Law Group nt:
www.hrlawgronp.org. Ot send <> written request to:
Alison v siew iii 1, Special Projects ( oordinator, Interna-
tional Human Rights Law Group, 1200 18th Street, NW,
Suite 602, Washington, D( 20036 Fax:202-822
I mail: AlisonS@HRLawGroup.org
I. ill 2000 1 1 IS
Putting a Lock on Justice
bv Carl M. Cannon
This autumn, earlier than expected, the United States
attained the dubious milestone of having put behind
bars some 2 million ol the people living within its hin-
ders. This is twice the number of a decade ago, and the
end is not in sight. The incarceration rate is still increas-
ing yearly.
The trends fueling this upsurge are not an explosion
in crime, which declined markedly in the decade of the
1990s to pre- 1970 levels, but rather the enactment, in a
piecemeal fashion, of a vast array of state and federal leg-
islation that constituted nothing less than a radical over-
haul of the nation's myriad criminal justice systems.
These changes started on the street, where a doctrine
known as "community policing" gave way to a less sen-
timental method known in law enforcement circles as
"pro-active" policing. This no-nonsense approach,
implemented most famously in New York City, is the
cops' answer to James Q. Wilson's famous "broken win-
dow" theory of crime prevention. Under this theory, pro-
active police do not ignore broken windows, or loitering
by suspicious-looking young people — or jaywalking, for
that matter. Typically, those seen as potential trouble-
makers— and race has often been shown to be a factor in
who gets stopped by the police — are detained and
frisked. The illegal weapons that turn up in such pat-
downs no longer result in the weapon merely being con-
fiscated, but in felony charges against the offenders.
In the courts, the changes of the last 15 years are even
more sweeping.
Those legislatively mandated changes include
"mandatory minimum" sentences for an array of
offenses, including firearms convictions and drug cases;
the adoption of "truth in sentencing" statutes, which
lengthens the minimum a prisoner must serve; the vir-
tual abolition of parole in many states; longer prescribed
prison sentences for most felonies; the systematic lower-
ing of the age juveniles can be tried as adults; and,
finally, a proliferation of "three strikes and you're out"
laws. These measures, all pursued under the banner of
fighting crime, were enacted by legislatures horn Maine
to Alaska and ratified by governors as conservative as
Republican John Sununu of New Hampshire and as lib-
eral as Democrat Ann Richards of Texas. Likewise, the
K
m\
Federal versions of these laws passed Congress whether
Democrats had control or whether Republicans were in
the majority. They were signed into law by Ronald Rea-
gan and George Bush; they were signed into law by Bill
Clinton as well. In the election of 2000, neither Vice
President Al Gore, nor Texas Governor George W. Bush
ever raised their voices in any opposition to the nation's
rush to incarcerate. Quite the contrary, both enunciated
their support for it and, when discussing crime, advo-
cated policies that would add to it.
Because this is an election year, a great deal of atten-
tion has been focused in recent months on the Texas
36 Civil Rights Journal / Fall 2000
The Hidden Costs of Disproportionately
Incarcerating Minorities
Handcuffed black man at police station, 1 947.
The incarceration rate in
America doubled in the
1980s — and then doubled again
IN THE 1990S.
death penalty system. That spotlight appears to have
lessened public support tor capital punishment, albeit
only slightly. But its real value may have been that it
shed some light into the shadows of the rest ot the crim-
inal justice system, the vast majority ot ulm h deals with
non-capital cases. And the picture it illuminated wasn't
pretty. During the furoi over the Garj Graham execu-
tion, for example, it was disquieting to learn that even in
a case that threw the Hush campaign oft its game and
generated international interest, the lexas parole board
didn't bother to meet in person before faxing— faxing—
in its ll>-(> decision not to intervene. It doesn't take
much imagination to envision the level of scrutiny this
parole board gives to clemency requests in non-capital
cases. Indeed, the utter lack of interest authorities display
in determining; who among their inmates are worthy ot
release appears to be the norm everywhere:
■ In Virginia, under the administration ot two Republi-
can governors, ( ieorge Allen and lames dilmore, the
state has all but eliminated parole tor new inmates.
Virginia's parole board has, in fact, applied this law
retroactively as well — even in the faceol statutory and
judicial mandates that it not do so. In practice,
inmates with perfect records routinely see their peti-
tions tor parole dismissed with the vaguest and most
general language: "Hoard needs to see further devel-
opment to warrant parole," or "Release at this time
wc mid diminish seriousness of the offense."
■ In ( alifornia, GOV. (>rav Davis has gotten crosswise
with bis state's Supreme Court by thumbing his nose
at the state's parole provisions and simply forbidding
his state's Board ot I'rison lerms from eva releasing
any inmate coin acted ol homicide,
It is instructive to note that in doing so Governor
Davis is carrying out a campaign pledge be made when
he ran tor office, a fact that underscores the popularity
these law-and-order measures have with the voting pub-
lic. I hese policies are cheerfully carried out bv elected
prosecutors and ratified on a daily basis bv juries, rhe
stiav 1 edeial |udge protests here and there at the lack ot
dist retion trial judges are accorded under the law, but the
Supreme < ouri has not put the brakes on any ot it and
the harsh approach to law-and-ordei scores well In
nearly even public opinion poll dom on the subject
Fall 2001 il <7
ill*.- upshot is thai aftei holding relatively steady foi
hall a century, the Incarceration rate In America doubled
in the 1980s and then doubled again In the 1990s. As
the United States enters .1 new millennium In an era ol
unprecedented prosperity, 11 is the midst ol an Incongru-
ous boom In prison construction, ["he boom has pro-
duced .1 new industry, privately owned prisons, and .1
now force in American politics: the prison guards unions.
Perhaps most serious, the quadrupling ol the incarcera-
tion rate It. is ,ilso worsened one <>i the most depressing
legacies <>t ra( ism in this nation, the historical disparity in
ethnic makeup ol the prison popul.it ion. In state and Fed-
era] prisons, African Americans, who constitute 12 per-
cent of the tuition's population, comprise 48 percent ol
the inmate population. Latinos make up 19 percent of
those in prison, more than twice their numbers in society.
Among the nation's approximately 4()(),()()() jail inmates,
the numbers are only slightly less disproportionate.
Prison sentences are not only
LONGER, BUT STATE AND FEDERAL
GOVERNMENTS HAVE ENSURED THAT THE
TIME IS HARDER TO DO AS WELL.
In defense of such numbers, law and order advocates
make two broad assertions:
First, they insist as an article of faith that the rise in
incarceration is directly responsible for the current,
seven-year downward trend in violent crime in this
country. Certainly the voting public subscribes to that
view, and their elected officials follow suit. Second, in
response to the racial dimensions of this issue, the archi-
tects of the incarceration boom maintain that since
minorities are disproportionately tbe victims of crime,
policies that remove perpetrators from the street do a
tremendous service to the minority community.
Both of these claims appear to have a straightforward
logic to them, but almost none of the nation's promi-
nent criminologists believe that the equation between
the incarceration rate and the crime rate is that simple.
And even if there is some truth in the second point,
there are also associated costs to a national policy that
locks up such a disproportionate number of blacks and
Hispanics. It is past time for the nation's policy-makers to
openly acknowledge these costs and to begin a serious
discussion of some remedies.
The Disproportionate Impact
in the 19th century, Southern legislatures delitx 1
tailored the law so thai statutes considered to i» 1
most likely to be violated by bla< is were those thai 1 ar-
in. 1 added san< dons, su< h .is forfeiting tin- right t
or to beat .inns on release from prison \t the dawn oi
the 2lst century, disparities m the treatment oi
and hi, u k defendants are ckx umented .it every ph
the ( riminal |ustice system from arrest through parole
1 he most well-known example, the penalties foi
cocaine, was denounced almost as soon as it became
apparent thai it was an unintended consequence of the
l(>8n crime hill. I lilac ks disproportionately use cocaine m
its crack form; whites in its powder form.) And yet,
despite acknowledgment Irom the bill's authors of its
awful price among black offenders, despite the fact that
the U.S. Sentencing Commission recommended in 1995
Prisoner at Rikers Island.
that it be rectified, despite promises from both
Democrats and Republicans that it would be fixed, the
law remains that it takes 100 times as much powder
cocaine as crack to get the same — mandatory — prison
sentence in Federal court.
Law and order hardliners, even while admitting the
law is unfair, say that the crack-powder disparity is an
anomaly. But it isn't. The government's own statistics
suggest that blacks comprise 13 percent of the nation's
illegal drug users, which is about right, considering they
are 12 percent of the population. But they constitute 38
percent of the drug arrests and 59 percent of those con-
victed of drug crimes. And the average sentence in state
courts, where judges have wide latitude, is 27 months for
white defendants and 46 months for blacks. Given that
60 percent of all inmates serving time in Federal prison
are drug offenders — up from 25 percent in 1980 — and
that the racial disparities are only getting worse, is it any
surprise that increasing numbers of citizens view the
"war on drugs" as a war on blacks?
"These racial disparities are a national scandal," said
Ken Roth, executive director of Human Rights Watch, an
38 Civil Rights Journal / Fall 2000
International human rights organization. "Black and
white drug offenders gel radically different treatment in
the American justice system. I his is not only profoundly
unfair to blacks, it also corrodes the American Ideal ol
equal justice tor all
It's not only the drug war that is having a dispropoi
donate Impad on blacks and Hispanics. restifying
before .1 House subcommittee 011 Mav 1 1, 2000, |ohn R.
Steer, vice chairman ol the U.S. Sentencing ( ommis-
sion, painted .1 stark picture ol what impact the nation's
"mandatory minimums" have on minorities. Since
199;-$, the percentage ol mandatory minimum cases in
which tin- defendant is white has decreased from 30
percent to 24 percent. But Hispanics have experienced
a]\ increase from 33 to 39 percent — roughly the same
percentage as African Americans. And while the per-
centage ol black defendants has evened ott tor the last
three years, they are also much more likely to receive
the harshest categories of those mandatory mini mums.
Foi cases in which there is a 20-year mandatory mini-
mum term, blacks were the defendant in a stunning 60
percent ot the cases. That's a long time away from
home.
The Cost to Families
On August 30, 2000, the U.S. Bureau ol justice Statistics
released a stud} showing that some 1.5 million children
had at least one parent in a state or Federal prison in
1999, an increase ol 60 percent since 1991. Halt those
children are black. The criminal justice system, of course,
makes no provisions for those kids, even those who have
single moms as parents and even when those mothers
are incarcerated tor long stretches of time tor "victimless
crimes," such as drug possession. (The $30 billion
omnibus crime bill passed by Congress in 1994 and
signed by ( Linton contained money for a prison facility
that was supposed to house inmate mothers with their
infants and toddlers, it has never been built.) I bus, state
and local social agencies are supposed to assume the bur-
den. But they aren't. In Louisiana, the state with the
highest incarceration rate in the country, Judy Watts,
president ot Agenda lor a New Orleans child advocac}
group, says those agencies are simply overwhelmed bv
the needs ot children with parents in prison
"These are children who m.x-d verv carelul attention
and nurturing, .md unfortunately, they are often not get-
ting it," she- said. " I he government is sending these' peo-
ple away to prison, but the government is not pic king up
the slack tor their children in any way whatsoever."
lo be sure, some ol these i Inldren are bettei oil with-
out violent or drug abusing parents in the household, but
as julie Stewart, tounder and president ot Organization
called Families Against Mandatory Minimums, points
out, 1 1 the 1 ederal government is going to be so aggressive
in removing these parents from societv -tor drug
crimes — it ought to concern itsell with the wreckage it
leaves behind m the limn ol shattered family groups.
keeping these family units in contact, providing mental
health benefits fol the family members, counseling and
mentors for the children, and offering serv ices to re-inte-
grate the family upon the release ot the parent all these
obvious needs are not being addressed on a federal level.
"( ongress is so very shortsighted," Stewart laments. " I he
entire emphasis is on taking people oil the street and
incarcerating them. The children are always forgotten."
I hose are the etlects of laws passed by ( ongress and
signed into law bv President Bush and President ( Tnton.
And while' it never pays for a politician to be seen as
"si ill " on c rime, to the little ones whose lives are turned
upside down by such draconian sentencing laws, the
world can seem unforgiving indeed.
"President Clinton, can you please talk to the
judge...?" implored 1 1 -year-old ( rystalle Jada Warren in
a recent letter. "If hcge>es to jail tor a long time, I'll never
get to spend any time with him again."
Nine-year-old Hmerson Chamberlain also sent a mis-
sive to the White House. "My Dad is in jail and my fam-
ily needs him home," the boy wrote. "\lv little baby
brother needs his Dad and so do 1."
I he most poignant cases of all are those where single
mothers fall victim to drug prosecutions, often tor doing
the bidding of a husband or boyfriend in the drug trade.
One such defendant, Monica Clybum ol Sarasota, I la.,
had four children, none of whom has any recollection ol
their mother not being behind bars. I hey live with their
maternal grandmother an hour-and-forty-five minute
drive from the prison. The oldest, Crystal, cries herself to
sleep nights. The mother was sentenced to 15 years
under a federal mandatory minimum for gun posses-
sion, although she was actually caught pawning a gun
that had never been used and which she swore was her
boyfriend's. The U.S. Attorney in Tampa, Florida,
asserted two years ago that she never made that claim at
trial; a sentencing transcript proves him wrong.
"God has been good to us," Monica's mother Naomi
told me, "but I do know that these children need their
mom."
All ol these hardships on the families ol convicted
felons, ol course, are exacerbated by a growing practice
in modern American jurisprudence: the exporting of
prisoners from one state to another for the simple expe-
diency of prison space — often private prison space built
fol the express purpose of making a profit. I he most
egregious example ol the c aprie iousness ol this svstcm
is right in the nation's capital. With the gradual closing
ol 1 orton Prison, located in nearby 1 airfax < ounty, Va.,
convicts from Washington, D.C.— almost all of whom
are black — are now simply processed into the' Federal
prison system, some ticketed te> de> their time as far
away as New Mexico. It is a poliev that seems calculated
to sabotage the bonds between inmates and their fam-
l.ill 2000 < ml Rights fournal 39
Figure 1. Incarceration Rales, United States, 1925-97
Numbri <>l inmates \enlenwd under Mate and federal
jurisdictions pei 100,000 residents
1925 1935 1945 1955 1965 1975 1985 1995
SOURCE: Notional Institute ol luslice.
NOTE: In 1 996, the breakdown by race and ethnicity was as follows:
195 incarcerated per 100,000 for whites; 675 per 100,000 for
Hispanics; and 1650 per 100,000 for blacks.
Figure 2. Characteristics of persons in State and
Federal prisons by race, 1 923-97
1923 1933 1950 1960 1970 1980 1990 1997
SOURCE: National Institute of lustice.
Figure 3. Federal prison sentences by race, 1986-97
1986 1990
SOURCE: The Urban Institute.
NOTE: Analysts say the growth in the disparity is primarily due to
the crack/powder cocaine penalty gap.
ilk-v "Ifyou'n going to loci people up, lock them up
In their communll rodd Clear, a criminologist
at |ohn [aj ( ollege In '•<-■•• Ybrl They're) lose totheii
families, and Ifs easiei to transition them ba« k Into the
neighborhood."
The Cost to Neighborhoods
Professor < lear is one oi the most prominent i riminol-
ovists in this country to have begun to document
of the negative effects oi the wholesale removal oi
young males from African American communities.
Law-and-order advocates point out thai when chronk
offenders are taken away from a community, that com-
munity is spared the considerable costs that their
future crimes would have exacted on business, homes
and individuals. This is not a trivial concern, to be sure,
but it is not the whole story.
One flaw to the throw-away-the-key model is that
society doesn't really throw away the key forever.
When offenders are released from prison, they often
return to their home communities, and do so without
increased skills — if anything, their skills and work
habits have atrophied in prison — and with chips on
their shoulders.
"Take the re-offender," says Delray Beach, F'la. police
captain William McCollom. "Ideally someone serves
their time and is able to return to the whole," he says.
"But we know that is not happening." Instead, the ex-
con returns to a blighted community where his job
prospects are compromised and where his reputation is
tarnished.
New laws have only made this problem worse. The
1994 crime bill ended the practice that allowed Federal
prisoners to qualify for Pell grants so they could take
college courses behind bars. This may be one of the
more self-defeating bills Congress has ever passed.
"Every single study shows that the more education
you have, the less the crime," says Marc Mauer, assis-
tant director of The Sentencing Project, and author of
The Race to Incarcerate. "So what do they do? Cut edu-
cation for inmates." This is typical of the incarceration
boom: Prison sentences are not only longer, but state
and Federal governments have ensured that the time is
harder to do as well. And despite claims from its law
and order defenders that rates of recidivism would
decline as prison life became harsher, the exact oppo-
site appears to be happening.
But even if the net impact were positive, Professor
Clear has shown that when large groups of young men
are removed from their communities, it leaves a gap in
those communities even if those men were commit-
ting crimes. "It changes the structure of the neighbor-
hood," he says. "Imagine a place with no men. The
people in the community lose all the things that men
do. Crime, yes, but the good things, too."
40 Civil Rights Journal / Fall 2000
Typically, the loss oi the male adult requires a
woman and her children to change housing, usually
moving to a more crowded accommodation, [his often
necessitates changing schools, it often leaves an
urn Hue gap, as these men, even those actively pursuing
crime usually have some sort ol part-time emplo\ merit
or off-the-books income, income they share with the
kids in the familj unit "The men sent to jail usually
have done a lot of bad things in the previous year,"
( lear says. "Most of them have done a lot of good
things, too. When you incarcerate, you are taking awa\
the had as well as the good."
A model attracting a smattering of attention in this
country holds that these men must he seen as commu-
nit\ "assets" instead ot community burdens. Under the
umbrella term "community justice," various localities
are experimenting with ways to implement this theory,
ranging from diversionary drug-treatment clinics to
requiring men to perform restitution or community
service In lieu oi warehousing them in a far-away jail
cell.
In the meantime, black and latino mothers across
tins country have instituted a poignant ritual that has
no name: Saturday sessions where children are broughl
ti > the jail to receive advice or even discipline from their
father or father figure. In this way, do the women left to
fend for themselves during the incarceration boom do
their part to try and keep their communities together.
i \nd these, as we have seen, are the less unfortunate
ones: Main relatives now face cross-country trips they
can make only a few times a year, i
The Cost to the Nation
In the pro* ess . it implementing its drug war and incar-
ceration policies, the federal government has sent a
harsh, it unintended, message, to poor latino and black
males in this country. That message is blunt: We kind of
expe< t that you will rotate through the criminal justice
system at some point m vour early lives. Hut evidence
mounts that this is society's self-fulfilling prophesy. In
minority neighborhoods ranging from latino barrios
ot San lose, ( alii., to all-black enclaves in West Haiti-
more, prison holds no stigma tor the simple reason that
SO main ot the young men from the neighborhood end
up there. I he Southern ( alilornia-based Mexican Mafia
is, in tact, a prison Kane; that operates on both sides ot
I he Wall and whose members wear tattoos that consti-
tute a kind ol human graffiti announc Ing that they've
been to prison— or expec t tOgO when they are older.
"I've talked to mam kids, and they tell me thai
going to prison is like goiiiK Into the \rniv was tor the
previous generation," says Barry Krisberg, president oi
the San FranciSCO-based National ( ouncil on I nine
and Delinquency. "Prison doesn't scare them because
almost everyone the) know has been to prison "
c Hher impacts affect us all. What is to be made of the
lac t thai oi a voting-age population ol less than 1 1 mil-
lion, something like 1.5 million blacks have lost the'
franchise? Or thai the Federal government's statistics
tor minority unemployment have become' skewed to
look more favorable than they really are because those
behind bars are not counted.' l-'.ven on a strictly cost-
In 'iielit analysis, our incarceration policies have become
self-defeating.
Changes Are Needed
Asserting that racial bias "infects" every state of the
criminal justice process, the National Association of
Criminal Defense Lawyers has targeted five specific
areas thai \twd changing. I he reforms they advocate
start with curbing the disproportionate number of
minorities improperly stopped by law enforcement offi-
cials on a pretext or on some overly-broad, generic
"profile" basis. They end with a call for "determining
the appropriateness"of death penalty statutes meted
out disproportionately to blacks. Until such reforms are
addressed, the United States can expect to reap what it
is sowing in the minority communities. That crop
includes:
■ Hundreds of black and Latino neighborhoods
where large numbers of the men cannot vote and
have no political clout.
■ A common perception among African Americans
that police departments are a hostile torce, with
their own rules of conduct, and that those rules
allow for quicker arrests and harsher use of force
against blacks.
■ A whole generation of black and latino boys who
lack role models in their own households or
neighborhoods.
■ [he tad that these boys must make the intellec-
tual choice between believing that a) their father
is a problem or b) the criminal justice system is a
problem.
"Whuh do you think they choose.'" asks Professor
( leai. " I hat one is a no-brainer." j □
( \ki Cannon c o\ iks mi Winn llousi VNDNATIONAI
POLITICS FOR NATIOH U /Ol RAMI, V WEEKLY WASHINGTON
MAGAZIN1 i nvi RING POl [TICS AND GOV! RNMENT. In 1998,
ins \i\c\/i\i it in isiilii His ( OVER STORY, "STAC! 'EM
Deep," \ < nun \i examination oi mi hugi increasi in
mi i\< U'i 1 RATION RATI . 1 \ri II R nils Yl \r. Mr. ( VNNON
w n H i v cover prea porNationai Review magazini
HEADLINED "Tin PROBI EM WITH THE CHAIR," A CRITIQUE Ol
c UTTA1 PI NISHMENT. HE CAN BE REACHED B\ E-MAII \i
( i VNNON@NATIONAI l< 'i RNAI A OM.
l-all 2(MMi ( ivil I rial 41
by Richard Cizik
The Way Ahead
"Since when is religion a human right?" remarked an
Assistant Secretary of State for Human Rights to Presi-
dent Jimmy Carter. This revealing of a blind spot
occurred in the late 70s, when religion was not consid-
ered a significant factor in foreign policy. Some of that
ill-informed skepticism about religion still persists; it
confronts an already successful initiative of civic cooper-
ation between government and faith-based groups
which is occurring under "charitable choice" welfare leg-
islation. We hope that opponents will gradually recog-
nize the merits and tremendous potential of charitable
choice.
Charitable choice, since 1996 in Fed-
eral law and in practice in the states, rec-
ognizes a civil right of welfare benefici-
aries to choose "religious" or "secular"
social service providers. Wherever gov-
ernment is funding charitable choice
programs of social service providers
there is no longer to be discrimination
against faith-based organizations.
Recently the constitutionality of such
a greater-choice concept has, I believe,
been reinforced by the four-justice plu-
rality opinion of the Supreme Court in
Mitchell v. Helms. Speaking for the plural-
ity, Justice Thomas emphasized the
"choice" of the beneficiaries: "Where, as
here, aid to parochial schools is available only as a result
of decisions of individual parents no imprimatur of state
approval can be deemed to have been conferred on any
particular religion, or on religion generally." In this case,
state provision of equipment was given directly to pub-
lic and private secular and religious schools based on the
neutral test of the number of pupils, which in turn was
based on school choice by parents. The result of the case
was expressly not made dependent on whether the
provider was or was not "pervasively sectarian," or
whether benefits to those helped were direct or indirect.
The Federal charitable choice statute does contain lim-
its designed to pass constitutional muster with the
Supreme Court. The services provided may not include
proselytizing or support of houses of worship. Beneficia-
ries must be free to decline to patronize religiously based
social service providers and to choose a secular alterna-
tive. Certainly the charitable choice concept received a
Charitable choice
RECOGNIZES A CIVIL
RIGHT OF WELFARE
BENEFICIARIES TO
CHOOSE RELIGIOUS
OR SECULAR SOCIAL
SERVICE PROVIDERS.
ringing endorsement in the Mitchell plurality's rationale,
and while the concurring opinion of justices < >'( .onnor
and Breyei expressed some reservations, they concurred
in the judgment of the Court that computers could be
loaned directly to pervasively sectarian schools. Those
who might attack charitable choice in the courts should
"sec the handwriting on the wall." Whether a social serv-
ice provider receiving public funds is "pervasively sectar-
ian" is rapidly becoming constitutionally irrelevant.
Despite inclusion in the Bill of Rights in the very first
Amendment, it is uncomfortable for some strict separa-
tionists to see religious rights as "civil rights" when
equality of access to government assist-
ance is involved. Yet the most important
of any of the civil rights of citizens,
including those on welfare, is freedom of
religion — our First Liberty.
We're being forced by innovative
approaches to public welfare to think
afresh about rights. Doing that is what
Catholic theologian Richard John
Neuhaus has termed "the greatest chal-
lenge for the next century." The com-
munity of conservative believers —
Catholic, Protestant and Jewish — have
already been undergoing a philosophical
shift. For example, some decades ago the
general director of the National Associa-
tion of Evangelicals (NAE) sat on the board of what is
now Americans United for Separation of Church and
State. Then any form of aid benefiting "parochial''
schooling was anathema to most evangelicals. But then
the Christian school movement prompted a change of
heart. And a few years later the use of government assist-
ance to attend seminary was upheld as constitutional in
Witters v. Washington Dept. of Services for Blind. Now both
government, and groups of believers of different faiths,
are eager to cooperate in providing social services.
This summer a concern for assuring justice and equal-
ity under law led the fifty-one denominations of NAE to
endorse the concept of "charitable choice." Why? The
decades-long push for rigid "separation of church and
state" — with restrictive public school and welfare regula-
tions— has tended to curb the civil rights of individuals
and groups to practice their faith. No one in his right
mind wants to make faith-groups, or their clients,
42 Civil Rights Journal / Fall 2000
Charitable Choice
A Very Bad Idea B
by Barry Lynn
In THE SEQUEL to the hit film "Jurassic Park," the scientist
played by left Coklblum watches dinosaurs being loaded
Oil a ship to take them to the United States and
bemoans: "This is the worst idea In the history of bad
ideas." That was fiction. In tact, "charitable choice" may
be the worst idea in modern political history, notwith-
standing its bipartisan appeal and "feel good" attributes.
Essentially, this construct allows tax dollars to flow
through the federal government or state block grants
directly to houses of worship or other religious institu-
tions for various social outreach missions.
Using the prototype of "charitable choice" found in
the 1996 Welfare Reform Act, the
approach notes that the faith group
receiving the funds may use them "with-
out Impairing |its| religious character"
but cannot use the dollars for "sectarian
worship, Instruction or proselytization."
On its face this sets up a massive contra-
diction and a hopeless misunderstanding
of the nature of the church and many
other religious entities, first, the church
is inherently evangelical, existing first
and foremost to spread a religious,
salvific message. Second, the church
operates best as a voluntary agency, sup-
ported by the choices of those who
believe In its mission. Yet these character-
defining attributes are ignored by a program that thinks
the spiritual goals of an agency, inextricably woven into
all its work, tan be temporarily subsumed when public
dollars hit the collection plate. On the other hand, if
they are not, then kinds paid as taxes go to what the
Supreme Court has labeled "pervasively sectarian" insti-
tutions and violate a core constitutional principle of sep-
aration ot < huicfa and state.
Why do religious institutions set up programs for the
hungry or those wrestling with drug or alcohol abuse
instead of simply letting people know of secular programs
down the street.' They do so because they believe thai
they Can add an important element to the Secular, a spir-
itual component thai may make .ill the difference In the
world. However, a ratt oi Supreme ( ourt decisions make
it quite clear that it is unconstitutional lor governments
to advance a religious mission I unding arrangements are
The church is
INHERENTLY
EVANGELICAL,
EXISTING FIRST AND
FOREMOST TO SPREAD
A RELIGIOUS, SALVIFIC
MESSAGE.
carefully scrutinized because very few things could
<\d\ .nice such a mission more than paying for it. To deter-
mine the "pervasiveness'' of religion, courts look at fac-
tors such as: the proximity of the program to a house of
worship, the presence of religious symbols in the facility
in which the program operates and any religious duties
that the program administrators also perform. In the
"charitable choice" model, these factors are labeled as
part of the "religious character" that need not change, tor
me, these are some of the very factors that doom such
programs under the extant constitutional standard.
Matters just get worse in examining another peculiar-
ity of funding. Religious groups that
receive these funds may discriminate in
their employment practices on the basis
of religion even in the very programs
that are taxpayer-funded. This occurs in
no other federal statute. "Charitable
choice" grants funds to a group that is
then allowed to discriminate in hiring
on a ground, religion, historically the
subject of central civil rights protection
in the ll><>4 ( ivil Rights Act and else-
where. Curiously, at the same time the
Welfare Reform Act was wending its way
through Congress, many legislators were
properly concerned about reports that
Housing and Urban Development funds
were going to pay for security at Baltimore, Maryland,
housing projects administered by a Nation of Islam-
related agency that appeared not to hire anyone except
male co-religionists. Regrettably, a similar disfavoring of
religious bias did not exist in the final welfare revision
Even beyond such arguably hypocritical legislating, why
in the world would a religious litmus test be appropriate
for funding of a secular program in the first place? If it's
secular, an Episcopalian or a humanist can do the bene-
fit distribution or counseling in a Baptist church as well
as a Baptist cleric or layperson.
I do not honestly believe that most faith communities
will be able to avoid communicating their Spiritual princi-
ples in the advancement <>i what they see as sex lal s<
ministries. It may be an un-ignorable temptation to sug-
gest that a welfare recipient watch a ( hristian video while
bis or her paperwork tor welfare eligibility a being
laii 2000 / ( iv it ;•
al 43
servants oi the State. Bui the result oi the absolutlsl views
ot "no aid" separationlsts, In my opinion, is not to pro-
in i religious freedom bul to suppress It. Misunderstood
separation had promoted an antl religious secularism,
and turned once-friendly government Institutions! pre-
sumably meant to be neutral, Into environments hostile
to religion.
[Tie law ot charitable choice is .it once .1 reaction to
such hostility and an endorsement ol government neu-
trality. It is an antidote to government directing that
social service providers discriminate against religious
choice. Can this lead to an American consensus on
church-state questions? Probably not, considering the
adamant opposition of the "no-aid scparationists." But
at least a political harrier to government cooperation
with faith-based organizations has been removed in the
field of welfare. Until recently politicians have unneces-
sarily played up welfare as an arena of church-state con-
tentlon. However, times have changed,
and for the better. Now both Al Gore and
George W. Bush have endorsed the char-
itable choice concept (though Vice-Pres-
ident Gore demurs on school vouchers,
which are anathema to the National
Education Association union). And Pres-
ident Glinton sees in charitable choice
"an emerging consensus about the ways
in which faith organizations and our
government can work together."
With discrimination against faith-
based organizations clearly on the wane,
and contention subsiding, the level-playing field now
possible should encourage more such social service
providers to enter cooperative arrangements with gov-
ernment. Amy Sherman, Ph.D., a senior fellow at the
Hudson Institute, studied 125 charitable choice projects
in nine states and found that over half involved "new
players." ("The Growing Impact of Charitable Choice: A
Catalogue of New Collaborations Between Government
and Faith-Based Organizations in Nine States," The Cen-
ter for Public Justice, March 2000.)
The growth of these programs expands religious civil
rights not only for welfare recipients, who will have
more choices, but also for social service minded persons
who initiate and work for faith-based organizations and
their many volunteers. A classic example of the kind of
new cooperative arrangements is to be found in Ottawa
County, Michigan, where officials using Federal "Tem-
porary Assistance to Needy Families" funds, contracted
with Good Samaritan Ministries (GSM), to recruit from
local churches and train teams of mentors. They in turn
trained able-bodied welfare recipients to get and retain
employment. GSM employees, paid with contract funds,
in a few months recruited and trained volunteers from
50 churches. Later other counties followed this example,
working with other intermediary religious agencies such
as the Salvation Armv and Lutheran Social Services.
Both Al Core and
George W. Bush
HAVE ENDORSED
THE CHARITABLE
CHOICE CONCEPT
Apart from affirming the dvil rights ot faith I
organizations and their < Uents, th< new ; lotng
more oi what has been sometimes negta ted be< ause oi
feai oi 1 tossing the "< hurt h-state" boundar) when using
public funds. 1 hey are working more with Individuals on
.1 very personal level through mentoring and lob-train-
ing programs, it is remarkable, moreover, that as shown
in the Sherman study, out of thousands <>! beneficiaries in
programs offered bj faith-based organizations < oopexat-
Ing with government, interviewees reported only two
complaints by clients who felt uncomfortable with the
faith dimension ot the organization giving help. In l>oth
cases, in accordance with the guidelines, the client sim-
ply opted out of the faith-based program and into a pro-
gram run by a secular provider. The study concluded:
"the religii >us integrity of the organizations working with
government is being protected and the civil liberties ot
program beneficiary's enrolled are being respected."
Some objectors to charitable choice
profess to worry about protecting the
integrity of faith-based service providers.
It is alleged that politicians will callously
offer grants to whichever faith con-
stituents are important to their re-elec-
tions, turning religion into just another
special-interest group, or that faith-based
providers may become dependent upon
government funding and unable to sim-
ply walk away from it. (They seem prone
to assume the worst.)
Behind the crocodile tears of some, I
suspect, is knee-jerk opposition to faith-based organiza-
tions providing social services with public funds. How-
ever, others may have a genuine concern that is moti-
vated by the record of secular nonprofit organizations
that have become dependent upon Federal grant pro-
grams. They believe Federal support programs should
rely as much as possible upon the tax code (i.e. tax cred-
its) and private donors rather than direct grant programs.
But this view denies political realities. Charitable choice
is the law of the land. Let's give it a chance to work —
which it is thus far — before throwing in the towel on the
basis of arguments that are more shadow than substance.
The goal of achieving "justice for all" in our society,
and real unity in American life, can only be found by a
widespread recovery of our shared moral foundations.
Charitable choice, by its carefully constructed protec-
tions for both faith-based organizations and the
purposes and functions of government, assists in this
recovery. It also fosters the realization of an important
truth — a just society is one that seeks the good not
because it is legally coerced to do so but because it is
inwardly motivated. D
For Lynn's response, seepage 64.
Rev. Richard Ciztk is Vice-President eor Governmental
Affairs at the National Association of Evangelicals.
44 Civil Rights Journal / Fall 2000
reviewed or to have a sectarian prayer uttered before thf
meal at a newly funded dinner program tor the poor. We
all know that there arc an inadequate number ot slots fol
drug addicted persons who have an Immediate need for
help at a time ot greatest commitment to sobriety. Isn't it
likely that the church attendee will mow up the line more
quickly at a church-based facility than will the Sunday
sleeper.' Even it the taith-based provider doesn't try to dis-
criminate const. iousIv. I fear that favoritism will still occur.
Although "charitable choice" may be touted as a benign
partnership between government md houses of worship,
it will Inevitably subject people to taxpayer-financed evan-
gelism in order tor them to get what they are by law enti-
tled to receive. Moreover, main ot the programs which
legislators have, or are trying to, include In this rubric are
dealing with some of the most vulnerable ix'ople in our
society. Even if they feel unwanted religious pressure, who
will Inform them ot their rights to a
secular alternative provider (some-
thing guaranteed in the welfare act,
but for which no notice is required, as
it welfare recipients regularly read the
I s ( ode in their spare time)? Indeed,
these individuals are not likely to
know that conversion is not a permis-
sible price of assistance now.
As a tnie civil libertarian, as much as
I detest the ideologies ot religious hate
groups, 1 recognize that they have
every right to conduct business and
seek members. I lowever, I do not want
any of my taxes going to fund these groups. Since "chari-
table choice" presumptively allows for no discrimination
among would-be religious recipients, religious bigots
could lx' granted funds. On the other hand, the reported
comments of one( longressional supporter, Representative
Mark Souderoi Indiana, that hinders might be able to dis-
tinguish between legitimate and illegitimate faiths (like
Wicca) would lead to constitutional challenge under
bedrock principles th.it absenl prooi of fraud, all reli-
gions— no matter how "misunderstood" — must be treated
the same as well-established faiths.
Lately, advocates of tx>th "charitable choice" and reli-
gious school vouchers have concocted the bogus fheorj
that it is an act ot discrimination not to allow religious
groups to share in the Federal pie. I'hcy ignore the tact
that religion is constitutionally different from all other
activities Governments <-mi establish all kinds ot guide-
ixists tor economic cultural, and political programs, but
are precluded trom erecting supports tor any or all reli-
gious ideas under the non-1 stablishment principle of the
hrst unendment It it is discrimination not to kind reli-
gious anti-violence programs, why is it not discriminatory
to refuse to fund Sunday schools but pay tor playgrounds
that also give children a sate and healthy place to go on
Sunday rnornings? Many ot us cherish the value ot faith-
based activities, but still do not want governments to help
Competition for souls
may be inevitable in a
nation with nearly
2000 RELIGIOUS groups;
competition for the
coins of Caesar is just
UNSEEMLY.
pay for them
Many of us fear that the very charactei oi religious
ministry could change under this construct. How much
government scrutiny will come with the government
tuiuls.' 1 lure are even bigger issues, though. I don't want
to see religious groups battling over what percentage of a
state's block grant will go to the Methodists, the Scientol-
ogists, and the ( atholics. ( ompetition tor souls may be
Inevitable In a nation with nearly 2000 religious groups;
competition for the coins of Caesar is just unseemly. On
a cautionary note, it I Fnde Sam begins to fund the activ-
ities of a local church, won't some in the congregation
feel they no longer need to, and will thev return to previ-
ous levels of giving if the church down the street gets the
grant a few years later instead of their church? Just what
does it do to the character of the church if the leaders start
reviewing the details of the latest issue of the Federal Reg-
ister for new grant ideas instead of
searching for new insights in the Holy
Scriptures of your faith? Will your
church or synagogue, temple 01
mosque be able to continue their
prophetic posture toward government
If they now depend on it for financial
support.' All ot these questions should
be troubling to those who cherish the
integrity ol the faith community of
which they are a part.
My examples are not purely specula-
tive. A group called Operation Blessing
in Wilmington, North Carolina lost
state funds in 1999 because it inquired whether appli-
cants to a homeless shelter had been "saved" before they
were invited to go to sleep. The state of Kentucky is con-
sidering whether to continue funding the Kentucky Bap-
tist Homes for Children after a lawsuit by Americans
United and the ACLU claimed that the agency (which
receives over two-thirds of its funding trom the state, and
less than 10 percent from Baptists) had tired a well-crc-
dentialed anil highly regarded counselor when thev dis-
covered through a newspaper photo that she is a lesbian.
The civil rights and I irst Amendment issues are weight)
and test core principles ot the "charitable' choice" idea.
Main of us who watch ( ongress see that there is a
paucity oi good new ideas for dealing with some ol the
most troubled ot Americans. In "charitable choice," in
the guise of doing something, Congress has merely
dropped some groups in need - the poor, the addicted,
the hungry - on the church steps one day; dropped a bag
ot money there the next d.w. and then just prayed the
two would net together. I hat is no way to run anything;
it is an abdication ol responsibility to the most vulnerable
in our society and merely a political salute to piety □
Fa ' i/ik\ response, see page 63.
B\kkv W. Lynn is imi I'm m mi P
I n « Si PARATION Ol < in R( II WD Si
Kill 2000 Civil 1
trnal 45
THE STATE OF THE NATION'S
by Mary Dolan
The National Organization on Disability conducts
periodic surveys in conjunction with Harris interactive
to assess the quality of life of people with disabilities in
such key areas as employment, income, religious and
political participation, access to health care and trans-
portation, and leisure activities. The first survey was con-
ducted in 1986; subsequent surveys were undertaken in
1994, 1998, and 2000. Together, the surveys provide the
richest source of information available on general trends
regarding the quality of life among the disabled.
The most recent survey, conducted in May and June
2000, found that while overall people with disabilities lag
somewhat or very far behind people without disabilities on
key measures of quality of life, the past decade had seen
notable improvements. These gaps provide a benchmark
for measuring progress in the next century.
Large gaps exist between people with and without dis-
abilities with regard to: employment, education, house-
hold income, access to transportation, health care, enter-
tainment/going out, frequency of socializing, attendance
at religious services, political participation/voter registra-
tion, and life satisfaction.
However, it is quite misleading to think of people with
disabilities as a homogenous group because the nature of
disabilities vary in type and severity. People with slight or
moderate disabilities have dramatically different needs
than people with somewhat or very severe disabilities, and
the gaps are even more striking when comparing people
with severe disabilities to the general population. People
with slight or moderate disabilities are less likely than the
general population to fare well on all of the 10 quality of
life indicators, but they still fare significantly better than
people with somewhat or very severe disabilities do.
It is also important to note that while significant gaps
still exist between people with and without disabilities,
certain social and economic indicators demonstrate
improvement for people with disabilities. Most notably,
over the past fourteen years since Harris and N.O.D. have
been conducting this research, education has shown
signs of improvement for all people with disabilities, and
employment has shown signs of improvement for those
people with disabilities who say they are able to work.
These improvements are most likely a result of many
things including: the implementation of the Americans
with Disabilities Act of 1990 (ADA), the Individuals with
Disabilities in Education Act (IDEA), a robust economy,
and growth in technology.
Employment
Although employment has improved somewhat over the
past fourteen years for people who say they are able to
work, it is still the area with the widest gulf between all
people with disabilities and the rest of the population.
Only three in ten working-age (18-64) people with dis-
abilities are employed full or part-time, compared to
eight in ten working-age people without disabilities
(32% versus 81%). The presence of a disability seems to
prevent a clear majority of unemployed people with dis-
abilities from participating in the work force. Two out of
three unemployed people with disabilities would prefer
to be working.
As mentioned, the employment picture is somewhat
blurred by the presence of a significant number of people
with disabilities who say they are unable to work due to
their disabilities. Over the past fourteen years, the dis-
ability population has become more severely disabled,
and in turn, the population who say they are unable to
work due to their disabilities has grown horn 29% to
43%. However, among those who say they are able to
work despite their disability or health problem, there has
been a noteworthy improvement over the past fourteen
years. Fully 56% of people with disabilities who say they
are able to work are working today, compared to 46% in
1986. The Americans with Disabilities Act of 1990 is
undoubtedly responsible for at least part of this progress.
Furthermore, the employment picture for 18-29 year
olds indicates even more promise. Among this cohort,
57% of those with disabilities who are able to work are
working, compared to 72% of their non-disabled coun-
terparts— a gap of only 15%.
46 Civil Rights Journal / Fall 2000
Disabled:
Among the
Young, Modest
Improvements
Income
It is not surprising, given the lower rate ot employment tor
people with disabilities, that a significant income gap
exists between people with and without disabilities. Peo-
ple with disabilities are much more likely than people
without disabilities to live in poverty with very low house-
hold incomes oi siyoooor less (29% versus 10%). ( on-
versely, people with disabilities are much less likely than
people without disabilities to live in households that earn
more than $50,1 100 annually (16% versus 39%).
While the survey data peg the income gap as 19%
between people with and without disabilities, by con-
trast, among people aged IK to 29, the gap is only 9 per-
centage points (30% versus 21%).
Education
With regard to education, the pattern is the same. People
with disabilities lag tar behind their non-disabled coun-
terparts in getting a basic education, with more than one
OUt o| five tailing to complete high school, compared to
less than one out of ten people without disabilities (22%
versus 9%). I he gap is only slightly smaller when look-
ing at higher education — slightly more than one out of
ten people with disabilities have graduated from college,
I 1 impared to slightly more than two out ol ten of their
non-disabled counterparts 1 12% versus 23%).
I his education gap may shed some light on the dis-
i repanc les mentioned earlier with regard to employment
and Income. Since education, employment, and income
are iiuAtrn. ably linked together, it is not surprising that
people with disabilities who are more likely to lack a
basic education are less likely to be employed and less
like!) to have high incomes.
It is Important to note, however, that over the past
fourteen years, there has been marked progress in the
area ol education. In tat t, almost N out of 10 people with
disabilities i77"u) have graduated irom high school
today, compared to 6 out ol 10 (61%) in 1986
Health Care and Transportation
rhe Income, education and employment gaps also pro-
vide some explanation tor the gaps in other quality ol
life Indicators. Being employed and having disi retionary
Income often free people from having to worry about an
issue like health care, since both enable people to receive
People with Diubilitiej
'«■!
% 0 10 20 30 40 SO 60 70 80 90 100
Figure 2. A Key Indicators for People with
Disabilities— Trends 1 986-2000
Figure 3. Overall Satisfaction with Life of People
with Disabilities — Cap in Numbers saying Very
Satisfied with Life in General
necessary and satisfactory medical coverage, it Is not
unexpei ted, therefore, since people with dlsabUitJes have
lower household Incomes and are less likely t<> be
employed than people without disabilities, thai people
with disabilities arc more than twice .is likely to post-
pone or put ofi needed health care be< ause they cannol
afford ii (28% versus 12%).
Similarly, having adequate transportation t<> get to
work or si hool, access entertainment, duel socialize with
friends and family often depends on having sufficient
discretionary funds. It is not surprising, therefore, that
people with disabilities are more likely than those with-
out disabilities to consider inadequate transportation to
be .1 problem (30% versus 10%).
Entertainment and Socializing
Moreover, having discretionary income often enables
people to enjoy themselves and take advantage of leisure
activities like restaurants, movies, and sporting events.
The income gap, therefore, may help to explain the dif-
ferences between people with and without disabilities in
most areas of entertainment.
People with disabilities are less likely to go to restau-
rants at least once per week than people without disabil-
ities (40% versus 59%). Similarly, people with disabilities
are less likely to socialize with friends, family and neigh-
bors at least once per week (70%) and attend religious
services at least once per month (47%) than their non-
disabled counterparts (85% socializing; 65% religion).
They are also less likely to go to supermarkets, stores and
malls, movies, theater, live music performances, sporting
events, and events related to their hobbies such as danc-
ing, art shows, or events for collectors.
Even when comparing people with and without dis-
abilities at similar income levels, significant gaps still
exist between the two populations, implying that other
factors such as lack of accessibility, negative public atti-
tudes, or discomfort may be inhibiting people with dis-
abilities from participating in these leisure activities.
Since people with disabilities are much older than their
non-disabled counterparts, reason also suggests that age
might have an impact on the findings. However, when
comparing people of similar age cohorts (aside from those
18-29), people with disabilities are still significantly less
likely to participate in leisure activities such as going shop-
ping, seeing movies, and attending sports events. This
finding indicates that the presence of a disability is still a
factor in impeding access to entertainment.
However, for those 18-29, the outlook for entertain-
ment and socializing is more encouraging. People with
disabilities are almost as likely as their non-disabled
counterparts to socialize regularly with close friends, rel-
atives, and neighbors (89% versus 90%), and to go out to
restaurants at least once per week (59% versus 61%).
Political Participation/Voter Registration
in .i | ncsHiciiti.ii eta tion year, one of the mosl Important
iimIh .itors is the voter registration figures lor people With
and without disabilities. Since appropriate < ensus data is
only available alter presidential <-i*« dons, the year 2000
percentages used in this report reflet t the 1996 eta tion
In that year, approximately 6 out ol i" ot people with
disabilities (62%) were registered to vote, Compared to
almost 8 out ol 10 people without disabilities (78%) — a
gap ol 16%, suggesting that the people with disabilities
have not been engaged in the political process at the
same rate as people without disabilities. However, it will
be important to look at this year's figures when they
become available in order to explore any valuable trends.
Life Satisfaction and Optimism for the Future
The keystone of the gaps analysis is thai all 10 of the
quality of life indicators are interconnected. It seems
likely that as one indicator improves, others will follow,
and conversely, as one declines, others will also decline.
All the gaps taken together, therefore, can arguably be
used to explain another sizeable and important gap —
the gap in life satisfaction, this gap illustrates another
clear difference between people with and without dis-
abilities in that half as many people with disabilities say
that they are very satisfied with their life in general,
when compared to people without disabilities (33% ver-
sus 67% respectively). It is important to note, however,
that as with a majority of the other indicators, this gap in
life satisfaction shrinks for younger people aged 18 to
29. For this youngest cohort, 44% of people with dis-
abilities, compared to 57% of people without disabilities,
say they are "very satisfied with life" — a gap of only 13
percentage points — much less than for people overall
where the gap is 34 percentage points.
Despite all of the gaps, 63% of all people with disabil-
ities— and 73% of people with slight disabilities — believe
that life has improved for the disabled population over
the past decade. Clear majorities feel that overall quality
of life, access to public facilities, advertising, media por-
trayals of people with disabilities, and public attitudes
toward people with disabilities have gotten better over
the past four years, and no more than 16% say that any
of these things have gotten worse. While it is likely that
these improvements stem from a variety of factors such
as a strong economy and substantial growth in technol-
ogy, it is reasonable to attribute at least some of this
progress to the implementation of the .Americans with
Disabilities Act of 1990.
Though less so than their non-disabled counterparts,
people with disabilities are optimistic about their future.
41% envision their quality of life improving over the
coming four years. cQ
48 Civil Rights Journal / Fall 2000
CHICAGO'S
SOUTH SIDE
19 4 6
19 4 8
Wayne Miller's photographs chronicle a black Chicago of fifty years ago: the South Side com-
munity that burgeoned as thousands of African Americans, almost exclusively from the
South, settled in the city during the Great Migration of the World War II years. The black
and white images provide a visual history of Chicago at the height of its industrial order —
when the stockyards, steel mills, and factories were booming — but, more important, they
capture the intimate moments in the daily lives of ordinary people. Chicago's South Side,
1946-1948, is available from the University of California Press.
"When the wagon wheels are in the it
g on air.
Kill 2 I < Ivi] R ' [ournal 49
Selling fish from an alley shed.
50 Civil Rights Journal / Fall 2000
Wednesday night Bible class at a storefront church.
Fall >000 / < ml Rig] I lournal 51
Chicago police sergeant questioning bar patrons.
52 Civil Rights Journal / Fall 2000
University of Chicago anthropologist St. Clair Drake (rear) entertaining Bucklin Moon (front),
an editor from Houghton-Mifflin publishers.
I .ill 'nun < ml Rlghl I >urnal 53
Playing marbles.
54 Civil Rights Journal / Fall 2000
ook Reviews
Myths of a Golden Age
MoUktIkkkI in the 1950s
Review i>t Susan ( hira \ Mother's
Place: ( boosing Work and Family
without Guilt 01 Blame, & Danielle
i rittenden WhatOw Mothers Didnl
Tell Us: Why Happiness Eludes the
Modem Woman.
Reviewed by Elizabeth Bernstein
When I became a mother fourteen
years ago, 1 found that I could no
longer count on creature comforts
like sleep — that I had previously
taken for granted. But beyond that,
a political comfort zone I had inhab-
ited since college also slipped away.
By the tune my tirst child was a year
old, I was re-reading The Feminine
Mystique in dismay. It seemed to me
that feminism bad underestimated
nearly everything about parent-
hood, from the intensity oi the
child's needs to that extra push
towards obsession that biology had
given to the female of the species.
Since that tune, my belief in the
benefits of full-time mothering has
continued unabated and my politi-
cal loyalties have remained shaky. It
hasn't been a question ot switching
from oik- party, one nationally rec-
Ognized ideology, to another. It's
more a matter ot feeling like a polit-
ical orphan. Reading two recent
hooks on opposite sides ot the work-
inn mother debate reminds me ot
why I'm still here, in limbo.
In What Our Mother Didnl Telll s:
win Happiness Eludes tin Modern
Woman, Danielle ( rittenden argues
that when women insist too
strong!) on autonomy, when they
run too scared from sat ntu r and
interdependence, they arc more
likely to undermine their prospects
tor long-term contentmenl than to
assure it. I he desire to become wives
ami mothers, the guilt we women
leel when we spend long hours
away from our c hildren, an- not
aspects ot our nature we should
wish away: "I heir crv should be
more compelling than the call from
the office!"
Susan i bira believes that fo] a lair
number oi women, staying borne
with their children is akin to
"drowning." in .1 Mother's Place:
( boosing Work iiml Family Without
(iiiilt hi Blame, ( Ihira argues that the
children ot sir h mothers are indeed
better off it their mothers go to the
Office than it they remain at home,
resentful dnd depressed.
The child born into
eighteenth- or nineteenth-
CENTURY America was far
more likely than the
twentieth- century
American baby to be
indulged in that intense
infantile desire to be held
and rocked and carried.
But while the broad sweep of
Crittenden's and Chira's arguments
carry them off in very differenl
dircc tions, there are hints ot surpris-
ing places in which their views on
the nitty-gritty of childcare inter-
sect One of < nttenden's arguments
is that women would dn well to con-
sider marrying earlier than they do
now, and some ot her supporting
reasons have to do with the older
mothers she meets at the park.
I llese women, she teels, take the
whole business ot motherhood too
seriously, rhey cling and don't give
their children enough breathing
space. She e\i laimS Over the tacts
that in titteen months, one mother
hasn't lelt hei c Inlet with a hah\ -sit-
ter t<> go out tor the evening, and
that .mother has a nmc-month-oM
who still wakes several times a night
because the mother won't leave her
to cry herself hack to sleep.
Some ot i hira's observations on
the ideologies she sees being foisted
onto mothers are remarkahly similar.
All around her she sees parents
whose fascination with their babies
"borders on the obsessive." she is
especially critical ot child-care advis-
ers like Penelope Leach, who put too
much weight on theories ot mother-
child attachment and provide lists ot
edifying activities like "putting mar-
bles in used detergent bottles": It's all
too "purposeful," too "intense," and
deprives the baby of the opportunity
to experience anything without the
mother's interference. She identifies
Mothering magazine as having a
more palatable philosophy, one
which is favorable to the idea of
"benign neglect" — hut she also takes
exception to "its attack on experts
who tell mothers to let their babies
cry it out at night."
Well, I don't know how much it
has to do with age — I was only four
years older than ( rittenden when 1
had my first child — but anyone who
wanted to take my measure on such
scales as "intensity" and "attach-
ment to child" and "inability to let
baby cry" would be able to classify
me without hesitation. I am that
mother who seems to make both
Chira and (rittenden unease. With
my younger child now eleven, these
issues don't arouse in me quite the
same degree of detensiveness that
they once did. But I still consider
them important tor this reason:
there is an inextricable link between
the child-care philosophies we sub-
si ribe to as a nation anil our atti-
tudes towards lull-time motherhood.
I here is a tendency in our
national discussions ot motherhood,
( hira's and ( nttenden's included, to
let the post-war era serve as a sort oi
touchstone. A half-century may have
passed, hut the titties remain the
decade to reckon with, the decade
I. ill . 'nun i mi Right I irnal 55
I V I I w t
thai we elthei run awaj From 01
pause to re< onsidei Even In treat-
ments likr( I lira's, which do consider
earlier history, there remains the
underlying sense thai ii you wanl to
weigh up the pro's and ion's oi
female domesticity, you need si an ely
look 1 u it i ui the fifties represented
the ultimate test.
Bui this national nearsightedness
confuses us not only as to what our
options are today, but as to the
essential lessons of our history as
well. There is a popular assumption
thai American children of the eigh-
teenth and nineteenth centuries
enjoyed far less affectionate atten-
tion from their parents than was
common during the twentieth.
Many are convinced that early
American child-rearing practices
were distinguished chiefly by their
severity — a belief arousing nostalgia
in the more authoritarian among us.
What's more, Chira and other femi-
nists tell us, mothers were once far
too busy to give their children the
kind of attention expected of latter-
day housewives.
In fact, the child born into
eighteenth- or nineteenth-century
America was far more likely than the
twentieth-century American baby to
be indulged in that intense infantile
desire to be held and rocked and car-
ried, to be always within the sight
and sound and smell of us. There
were of course exceptions, but the
grim truth is that many of the excep-
tions died. Those who survived in
the era before formula and breast-
pumps and sterilizers and antibiotics
did so because they spent much of
their early life at mother's breast.
(Chira mentions wet-nursing, but
this practice also carried a signifi-
cantly higher risk of infant mortality
and was never as popular in the
American colonies as it was in
Europe.) "Demand" feeding, which
included nursing the child through
the night in the mother's bed, was
standard operating procedure —
because anything less would have
1 > 1 1 1 mother's milk supply, and hei
baby's life, al risk.
Late in the nineteenth < entury,
and early in the twentieth, as the
country's character changed from
rural and agri< ultural to urban and
industrial, a nearly forgotten revolu-
tion occurred in child-rearing prac-
tices. < hira gives the ascendancy of
the 'si ientifk experts' .1 briei men-
tion: "In the 1920s, fohn B. Watson
insisted that babies would thrive only
There is an inextricable
link between the child-
care philosophies we
subscribe to as a nation
and our attitudes
towards full-time
motherhood.
The fifties remain the
decade to reckon with,
the decade that we either
run away from or pause
to reconsider.
on rigid schedules; his was a view of a
baby fit for the assembly-line age."
Watson was in fact a man who cham-
pioned greater sexual freedom —
which is to say, women's increased
availability to men — while displaying
a horror of mother-child attachment,
particularly as manifested in any sort
of physical intimacy with the child.
In his best-selling child-care manual
he advised parents that a periscope
would enable them to check on the
lone child in the backyard without
the risk of rendering him "over-con-
ditioned in love," and that parental
hand-shakes should be substituted
for kisses. Beyond that he wished that
he could rotate mothers between
houses to minimi/<
woman's influent e on the \<
any given child. Chira's suggestion
thai mothers weren'1 realty vi bad ofl
when thej "had only to frog-march
their children through Watson's
schedules" doesn't begin to do justice
to the man's misogynv or the dam-
age he did to women and children
both.
Alter [ohn Watson, practically
anything that Dr. Spock could have
written in the forties and fifties was
likely to look sane and "permis-
sive"— and welcomely so. But far
from leading the country las conser-
vatives would still have it) in the
direction of a new, unprecedented,
indulgence of the child, on critical
issues Spock continued to hold the
line against any return to the more
profound indulgence of previous
centuries. True, Spock smiled on
manifestations of the childish desire
for autonomy — what to eat, how-
much to sleep, when to toilet-train.
But he was far less tolerant of the
child's complementary desires to be
held close. When post-war babies
objected to a life spent largely in cribs
and playpens — a life for which evolu-
tion had left them woefully unpre-
pared— it was widely understood that
their howls marked their mothers as
guilty of spoiling. The way to unspoil
them, Spock advised, was for mother
to make a schedule requiring her "to
be busy with housework or anything
else for most of the time the baby is
awake."
This is the aspect of post-war
motherhood that we tend to for-
get— the unhappy juxtaposition of
long hours at home with the con-
stant warnings against "smother-
love" and "over-protection." If
mothers were frustrated — which
they undoubtedly were — it is past
time to consider whether that frus-
tration derived from the mere fact of
being at home, or from following an
extremely flawed blueprint for
childcare. A mother who lives in a
56 Civil Rights Journal / Fall 2000
culture with unrealistic expectations
about the needs <>t the child finds
hersell m a no-win situation: she
must choose between responding to
Ikt child and 1. 11 ing the condemna-
tion nt others, or following the con-
ventional wisdom and wondering
why her child is disconsolate. \s
Susan c hira hersell evidences, the
problem dogs American mothers to
this day; part ol what burdened her
id Ikt months at home with her first
babj uas the feeling thai she was
"the only mother whose baby did
not lie, cooing gently, on her lamb-
skin ru^," and the facts that the
babj wouldn't sleep long hours
alone, nor be put down without dy-
ing. Yet that "colicky" crving which
( hira had to endure (as I did, as mil-
lions ot other American parents do),
which can so diminish the mother's
satisfaction with infant care, is now
understood b\ anthropologists like
Meredith Small at ( ornell to repre-
sent "the negative side ot the sepa-
ration trade-off" — something that
appears in Western babies "because
the accepted And culturally com-
posed caretaking style is often at
odds with infant biology."
Feminists are right about one
thing — the philosophy urged on
mothers during the "feminine mys-
tique" era was one that ultimate))
served men It was a tune when mid-
dles lass nun tame very close to
ha\ Ing it all: wives who stayed home
all dd\ (except to shop) but who let
the baby irv while they got house
and supper ready tor their husbands.
Particularly taboo was any degree of
mother-child attachment which got
in the way ol marital togetherness
once Dadd) had come home; heme
the emphasis on the need to be able
to leave the t lllld to go out at night
and the willingness to go to
extremes (Spoik suggested tying a
net Over the top ot the i rib) to get
the child to shut up ami stav awa\
troiu the parental bed at night With
remarkable regularity women who
couldn't bear to listen to their chil-
dren's tries any longer were advised
to turn to solutions which mi reased
then sexual attractiveness 01 avail
ability go to the beauty parlor, buy
a new dress, take two weeks in
Florida with your husband.
Chira's book, like a number of
other feminist works, does acknowl-
edge some of the factors which
worked against mother-child inti-
macy during the post-war era. She
cites a typical 1946 warning about
the damage done to children by "self-
sacrificing" moms. She notes that the
It is past time to consider
whether mothers'
frustrations of the 1950s
derived from the mere
fact of being at home, or
from following an
extremely flawed
blueprint for childcare.
fifties idea of domesticity was "stay-
ing home to be a helpmeet for your
husband or devoting yourself to
making your floors spic ami span";
that by comparison today's experts
urge parents to be "far more con-
scious of children's feelings than were
many parents a generation ago." And
she reminds us as well that as "popu-
lar I reudianism reached a cultural
apogee during the 1950s" (in fact
spot k considered disseminating
Freud's message one of his greatest
accomplishments), it beta me even
more impossible tor mothers to find
thai vanishing position where they
would not Ik- t ondenined as either
suffocating or neglectful: "A mother
could do no right."
Popular Freudianism also meant
this: the desires ol voting children
tor Closeness to their mothers were
now seen as taming sexual over-
tones which made it even more
unthinkable that they should be sat-
isfied. I he fad that at cess to
mother's bed and mother's breasts
bad l<»r millenia been the birthright
of the ilultl was virtuallv forgotten,
replaced by the con\ iction that chil-
dren had to be kepi from taking
from what so obviously belonged to
lather. Not only was there no
acknowledgment that infants had
thereby suffered a loss, but the cov-
ering story about "Oedipus" lea
tured baby boys as the ones who
harbored jealous desires to have
their mothers to themselves and
would be willing to harm their
fathers to that end.
But despite its occasional brushes
with the reality of mother-child dis-
tance during the post-war era, the
women's movement as a whole
always seems to end up in a place
whit h assumes quite the opposite
thai men pushed women into such
a thorough trial of mother-child
togetherness during the fifties, and
that the result was so dismal (the
prospect of going back, ( rittenden
observes, could "induce shudders"
in those born long after), that the
Only possible solution is to stav out
of the house.
As for conservatives, those who
would like to see the fifties return
have their own stake in portraying
the post-war era as the time when
children's needs were well met at
home, when the task of motherhood
was regarded, as Crittenden would
have it, as "strong, noble .iiitl vital."
I here even continue to be child-tare
advisers on the tight who encourage
mothers to follow ngitl schedules
ami to leave the t hiltlreii to fend for
themselves as much as possible Bui I
would warn those who would like to
see more mothers .it home totlav
that they are unlikely to git there by
sending a new round ot mixed mes-
sages by telling mothers to stav
home, but stav distant, or bv
fall 2(mmi < mi Right lournal 57
suggesting th.ii there is something
wrong it .1 mother limls her ( hlld's
c i\ not only more compelling than
the call troni the office, bul likewise
more compelling than the need ti>
go out .it night.
Both the righl and the lefl are
going to have to conic to understand
that women can stay home with
their children without going hack to
the titties — that being a full-time
mother in no way implies willing-
ness in ai i epl .ill the rules that were
part of the bargain a half-century
ago. (And if they could get that far,
maybe both sides could also get
behind one of Chira's suggestions:
tax relief targeted at parents who
need help either to afford the option
of staying home or to purchase day-
care.) In the meantime, I am con-
vinced that there are big changes
going on under the ideological radar.
For one thing, the generation born
to post-war mothers — the kids who
were so willing to believe during the
adolescent rebellion of the sixties
and seventies that they were suffer-
ing from too much mothering —
seem to have reached a different
consensus in the shrink's office and
in their struggles to heal the "inner
child." For another thing, many of
today's parents — not only the "older
parents" that the baby-boomers have
become, but younger parents as
well — have discarded the post-war
taboos about such things as pro-
longed breastfeeding and permitting
their children into their beds.
The mothers who take these more
open-ended approaches to nurtu-
rance are usually very clear that by
keeping their children close they are
not acceding to the counsel of men,
but bucking it. They may know
enough about other cultures to
understand, despite what Chira and
other feminists suggest, that the les-
son from other times and other places
is not really that the mid-twentieth-
century American approach to child-
care was outlandishlv excessive or
thai staj Ing at hi tme with one's ( hil-
dren is somehow a less "natural"
approach than working Most
importantly, as ( ompared with the
housewives ol post-wai suburbia,
these new mothers mav sutler a lit-
tle hit less at then inability to show
oil cheerfully unattached offspring
to the world, benefit a little bit more
from long, peai elul moments when
the touch of their children goes all
through them. Anil that may he
enough to tip the balance.
Having lefl a careei in law fbi thirteen
years of full-time motherhood, Eliza-
beth Bernstein has recently returned to
employment in a high school computet
lab.
Love Everylxxly Right Now
Review of All About Love, by bell
hooks
Reviewed by Aleta Richards
One of the feminist movement's
most prolific writers, bell hooks, has
now touched the core of civil rights
stmggles. Her new book, . \// About
Love, suggests that the experience of
hatred found in oppressive relation-
ships can be resolved in the experi-
ence of love. All About Love teaches
us how to find and keep love in a
culture full of hatred.
Early in the book, bell hooks
draws on the work of Erich Fromm
and Scott Peck to define love as "the
will to extend one's self for the pur-
pose of nurturing one's own or
another's spiritual growth." To clar-
ify this definition hooks writes, "To
truly love, we must learn to mix var-
ious ingredients — care, affection,
recognition, respect, commitment,
and trust, as well as honest and
open communication." She pro-
ceeds to elaborate on a number of
these components of love in this
short ami readable bool \t first
giant c, Ml About Low appears to be
another pop psychology hook on
how to gel the love you want, how-
ever, it's much more than that. It's
an important hook ahout the socio-
logical Implications <>t oppression
and win it's hard to give and ret ei\ e
love in our highly individualized,
Western culture.
While hooks spends a significant
amount of hook time on the strug-
gles inherent in couple relationships
and families, she takes (.are to
devote attention to the struggles
inherent in communities. She-
writes, "When we understand love
as the will to nurture our own and
another's spiritual growth, it
becomes clear that we cannot claim
to love if we are hurtful and abu-
sive." This is true at the individual
and the community level, hooks
gives an overview of the complexi-
ties of human psychological devel-
opment, focusing on the connec-
tions and disconnections which
provide the framework for human
development. Lots of writers have
done the same thing; however, bell
hooks goes beyond the psychologi-
cal aspects of human development
to clarify the sociological implica-
tions of human development, hooks
writes, ". . . we are born able to
respond to care. As we grow we can
give and receive attention, affection,
and joy. Whether we learn how to
love ourselves and others will
depend on the presence of a loving
environment." Drawing on the soci-
ology of knowledge, hooks identities
the ideologies or belief systems
which prevent the development and
maintenance of a loving environ-
ment. She focuses on the struggles
inherent in the ideologies of indi-
vidualism and patriarchy, as put
forth in Carl Jung's statement,
"Where the will to power is para-
mount love will be lacking. "
The "will to power" is present in
all civil rights struggles. Racism, clas-
58 Civil Rights Journal / Fall 2000
Book
sism. sexism, .ill the -isms, are com-
posed «>l relationships in which one
person, or group ol people, assert
power ovei another person, or
group ol people, hooks explains the
need tor power as based in leai
"< ultures ol domination rely on the
cultivation ol tear as a way to ensure
obedience. In our society we make
much ot love and say little about
teai Yel we au all terribly afraid
most ot the time. As a culture we are
obsessed with the notion of safer)'.
Vet we do not question why we live in
states ot extreme anxiety ami dread
leat is the primary force upholding
Structures ot domination. ... When
we are taught that safety lies always
with sameness, then difference, of
any kind, will appear as a threat. ...
1 he desire to be powerful is rooted
m the intensity Ol fear. Power gives
us the illusion of having triumphed
Over tear."
As an example ot this cultural
obsession with fear, hooks cites a
recent incident where a young \sian
male rings a doorbell to ask lor
directions. He is shot and killed by
the white male homeowner who
believes he is protecting his prop-
erty hooks explains: "The person
who is really the threat here is the
home owner who has been so well
socialized by the thinking of white
supremacy, ot capitalism, ot patri-
archy that he can no longer respond
rationally, white supremacy has
taught him that all people of color
are threats irrespective ol their
behavior. ( apitalism has taught him
that, at all costs, his propertv can
and must he protected. Patriarchy
has taught him that his masculinity
has to be proved by the willingness
to conquer tear through aggression;
that it would be unmanlv to ask
questions before taking action." I he
culture ol domination generates lear
in citizens, c louding their percep-
tions ot reality.
bell hooks suggests an antidote tor
this tear and tin- hatred it generates:
love, she suggests that we long lor
love, but don't understand the source
ot our emptiness or our fulfillment
"On the surface it appears that our
nation has gone so tar down the road
ot secular individualism, worshiping
the twin nods of money and power,
that there seems to be no place for
spiritual life." No place, in other
words, for love. As hooks writes,
"When love is present the desire to
dominate and e.xerc ise powei cannot
rule the day. All the greal social
movements tor freedom and justice
in our scxiety have promoted a love
ethic. Concern lor the col lei tive good
ot our nation, city, or neighbor
rooted in the values of love makes us
"When love is present the
desire to dominate and
exercise power cannot
rule the day. "
all seek to nurture and protect that
good. If all public policy was created
in the spirit ot love, we would not
have to worry about unemployment,
homelessness, schools failing to
teach children, or addiction."
Although hooks suggests that love
based in spirituality is the antidote
tor hate, she does not suggest that
the answer is organized religion, as it
presently exists. "Organized religion
has failed to satistv spiritual hunger
because it has accommodated secu-
lar demands, interpreting spiritual
lite in ways that uphold the values ol
a production-centered commodity
culture. ... For example, consider
New Age logic, which suggests that
the poor have c hosen to be- pom,
have c hosen their suffering, such
thinking removes from all ol us who
are privileged the burden of account-
ability.'' hooks continues, " I he basic
Interdependency ot life is ignored so
that separateness and individual
gam can be deified." hooks does not
see much help trom the conserva-
tives either: "Fundamentalist
thinkers use religion to justifv sup-
porting imperialism, militarism, sex-
ism, racism, homophobia. Ihev
deny the unifying message of love
that is at the heart ol everj major
religious tradition."
from the beginning of the civil
rights movement, religion has
played a significant role. On the
negative side, it has justified oppres-
sion. On the positive side, the expe-
rience ot God's grace, as manifested
in all major faith groups, has trans-
formed hatred into love, brotherly
love. This kind of change of heart is
what is needed. Many writers have
spoken ot this need. Martin Luther
king, ]i.'s Strength to Love, toe used on
the experience of love as the spiri-
tual force that unites. Main other
writers have addressed the same
issue, including Thomas Merton,
Erich Fromm, C.S. lewis, Paul
Tillich, Amitai ITzioni and Jean
Baker Miller, and now bell hooks.
The message is not new, but we need
the reminder.
hooks, however, emphasizes an
important distinction between love
of self and love ot others: "The
teachings about love offered by
Fromm, King, and Merton differ
from much ol today's writings.
I here is always an emphasis in their
work on love as an active force that
should lead us into greater com-
munion with the world. In their
works, loving practice is not aimed
at simply giving an individual
greater lite satisfaction, it is extolled
as the primarv way we end domina-
tion and oppression." She contin-
ues, "Much as i enjoy populai New
Age- lomiiientarv on love, I am often
struck by the dangerous narcissism
tostered bv spiritual rhetoni th.it
pays so much attention to individ-
ual self-improvement and so little to
the practice Ol love within the con-
text ot community
I. ill 2000 ( ml Rights loiirn.il 59
Book Reviews
s<> where to we go from here?
" Awakening to love ( an happen
ontj .is we let go oi our obsession
with powei and domination." hooks
expands on this idea: "Living by .1
love ethi< we team to value loyaltj
and .1 commitment to sustained
bonds over materia] advancement.
While careers and making money
remain important agendas, they
nevei take precedence over valuing
and nurturing human life and well-
being. " hooks cautions, against the
interference of greed and narcissism,
in the development of the love
ethic. Since industrialization and
the development of the service
economy, the definition of the good
life has changed, "The good life was
no longer to be found in commu-
nity and connection, it was to be
found in accumulation and the ful-
fillment of hedonistic, materialistic
desire."
All About Love contains important
information on how we become
loveless, how we stay loveless and
how we might move beyond love-
lessness. The solution is simple, but
not easy. "Sadly, love will not pre-
vail in any situation where one
party ... wants to maintain control."
This may appear to be an individu-
alistic response to the problem of
individualism. Individuals learn to
love themselves, then they love
each other. It may appear to omit
the structural changes that are nec-
essary to end institutional oppres-
sion. However, it is possible that All
About Love encompass both micro
and macro elements of change:
"Through giving to each other we
learn how to experience mutuality
ensuring that each person's growth
matters and is nurtured." Everyone
means husband-wife, partner-part-
ner, parent-child, student-teacher,
employer-employee, politician-citi-
zen, and so on.
We have to be able to imagine a
better world in order to create it. bell
hooks has a good imagination, for
example, sin- points oul thai nol .ill
families .ire d\ stunt tional-it just
serves the needs <>t the dominant
1 ulture to have us believe this m\ th.
I ots oi families fun< tion |ust fine
and more < an do so: "In fun< tionaJ
families individuals face conflict,
c ontradic dons, times ol unhappi-
iK'ss. and suffering just like dysluiu -
in iii.iI families do; the different e lies
in how these issues art' confronted
and resolved, in how everyone
copes in moments of crisis. Healthy
families resolve conflict without
coercion, shaming, or violence."
hooks also imagines the possibil-
ity of eliminating racism, classism
and sexism, through love. There are
many, especially in an election year,
who believe our culture needs
changing, so maybe this is a good
time to embrace bell hook's counter-
culture message of brotherly love.
It's an old message, but an essential
one. Thanks to bell hooks for telling
us the old, old story.
Dr. Aleta Richards is a sociologist tit
Virginia Commonwealth University.
"A Hopeless Condition of
Exile"
Review of Give Me My Father \ Body:
The Life of Minik, the New York
Eskimo, by Kenn Harper
Reviewed by Margaret Meltzer
Unlike other Eskimos, the Polar
Eskimos of northwestern Greenland
enjoyed the benefits of a source of
iron. According to Eskimo legend,
the meteorites that supplied the iron
were once a woman, her dog, and
her tent, all thrown from the sky by
a god. Kenn Harper relates the story
of how a group of Eskimos had
become determined to transport the
meteorites closer to their village
sm< c thej found the trip to "the
pi. n 1 where one finds metal" so
exhausting 1 lowi v< 1 theii efforts
nut with disaster the overloaded
sled, the 1 hunk ol meteorite the)
Were moving, and their dogs slid
beneath the surface ol thawing
ice. lb the Eskimos, "it was a pun-
ishmenl exa ted bj the spirii oi the
iron woman on the hunters."
\i 1 Muling to their belief system,
"the iron lady had never begrudged
them the small fragments they had
chipped from her scarred body over
the centuries, but one must not be
greedy. "
In sharp contrast, when the
American Arctic explorer Robert
Peary reached the meteor site in
1894, he immediately claimed the
rocks that had been part of the
Eskimo world for centuries as his
own: "I scratched a rough T' on the
surface of the metal, as an indis-
putable proof of my having found
the meteorite." Not only did Peary
assert his "discovery" of the mete-
orites, but he managed to load "the
three-ton woman and her thousand-
pound dog" on his ship when he
returned to America.
In this telling incident, which he
relates early in Give Me \1\ Father's
Body, Kenn Harper sets up a para-
digm for the conflicts and complex
interaction of cultures that make his
story of the Eskimo boy Minik such
compelling reading. We see the
high-minded hubris of the "scien-
tist" Peary against the more folkloric
(and more pragmatic and some-
times even passive) Eskimos. We see
Peary's sense of expansiveness and
limitless possibilities played out
against the Eskimos' very real sense
of limits. Finally, we see Peary's
absolute confidence in the lightness
of his actions, which would directly
determine "the too short, too sad"
storv of Minik.
When Peary sailed back to the
United States in 1897, he took with
him two adult Eskimo men and
60 Civil Rights Journal / Fall 2000
Book Reviews
their families, Given the disastrous
outcome oi this decision, it is not
surprising thai in retrospect thr rea-
sons given tor why this was done
varied, rhough Pear] would later
claim that the Eskimos had wanted
to come with him, Harpei believes
that tor Peary, these men, women,
and children were essentially "spec-
imens." c >ne ot tlk' scientists at the
American Museum ot Natural His-
torj had apparently suggested that
bringing one 1 skimo back for one
year could provide an invaluable
opportunity tor ethnographic
Study. Harper mentions "the Arctic
explorer's tradition of exhibiting
T skimos before audiences as a means
of securing funds for the continua-
tion of his explorations." In any
event, Peary referred to the Eskimos
as he did to the meteorites — as
"mine." Whatever Peary's exact
motives, the experiment seemed
doomed from the start. One can
imagine the confusion and discom-
fort the Hskimos must have felt
when they arrived in New York and
were viewed by 30,000 visitors in
their first two days in the United
States: "No amount of forewarning
could have prepared them-whose
tribe, indeed whose whole world,
numbered only 2.-54 people-tor such
Incredible numbers of human
beings."
Housed in the overheated base-
ment ot the American Museum ot
Natural History, and later at a farm
in upstate New York, tour of the
I skiiiu >s si m >n died. ( me of the adult
men, Nuktaq, was taken back to the
Arctic, but the six-year-old boy
Minik was lefl to live as an orphan,
Increasingly caught between two
worlds, and never fulls at home in
either.
In telling the story ot Minik, who
would return briefly to the An tu as
a young man, and then die in New
Hampshire in 1918, a vi< tun ot the
Influenza epidemic, Harper raises
important and compelling i|ues-
tions about culture mik\ identity,
about how one's sense ot sell is e (in-
structed. Though Harper is writing
revisionist history, especially in his
depiction ot the scientific "heroes"
ot the earl\ 2oth century, the
strength of his book lies in his abil-
ity to see how situations and people
were neither all good nor all bad,
but intriguingly, and even tragically,
complex. Robert Peary and Morris
Ketchum Jesup, a much-lauded phi-
lanthropist who provided funding
tor the museum, can only be seen as
"villains" in their failure to provide
for Minik's physical and emotional
needs. In a sense, they represent the
historic failures of the "white race"
And though Minik vowed
to return to the arctic,
and finally did so, harper
emphasizes his romantic
attitudes about exploring
the Arctic, attitudes that
clearly resulted from his
American education.
in its treatment of non-white peo-
ples. However, Minik found the only
real childhood home he ever knew
with a white family. And though
Minik vowed to return to the Arctic,
and finally did so, Harper empha-
sizes his romantic attitudes about
exploring the \utii attitudes that
dearly resulted from his American
education, and that set him apart
from the other, more pragmatic
1 skimos in the \ illage where he had
been born. One contemporary
newspapei account called Minik's "a
hopeless condition of exile."
Himself a man who has lived in
and known two worlds, Kenn
I larper seems an ideal person to tell
the storv ot Minik. Harper is married
to a Polar I skimo. and had the
opportunity to talk with people who
had remembered Minik from then
childhoods. Living in two worlds,
Harper does seem to understand
that any good story has at least two
sides. He arouses deep sympathy tor
Minik, and effectively describes the
boy's sense of forlorn loss, but
Harper also admits that not every-
one telt pity tor this strange young
man, who never quite tit in. One ot
the people with whom Minik
worked when he returned to the
Arctic — described him as "a great
nuisance to us all, an unhappj lad
with a bad disposition."
Harper concludes his story with
one last statement that again goes
past the easiest or most obvious
i ibservations. Though the provisions
of the Native American Grave and
Burial Protection Act might suggest
that Minik should be taken from his
burial site in New I lampshire and re-
buried in Greenland, Harper coun-
ters this view:
I am often asked, sin mid Minik Ik'
disinterred and taken alsotoQaanaaq
for reburial? The answer must !*.• an
unequivocal no Minik lived a tor-
tured and lonely lite. I Hit ot place in
New York, he telt no more at home
when he returned to northern
Greenland. In the tall of 1917 he
arrived in northern New Hampshire
I le died among friends, the I tall fam-
ih. perhaps the truest friends he- ever
had. Minik died among friends, let
him remain there.
The cover photograph ot Give Me
\l\ Father's Body reveals Minik's
whole storv in one effective image:
an obviously Native child, wearing
ill-fitting western clothes, looks at
the- camera with an expression ot
contusion and loss. Kenn Harper
tills in tin details behind this image
with empathy and gi i
Margaret Meltzei is an independent
Siholiii ofcontemporar) Judaism.
i, di ( ivii KiKhts lournal 61
( !apsule Reviews
To Make Out World Anew: A History of
African Americans, edited by Robin
D.G. Kelley and Earl Lewis. Oxford
I Fniversity Press, 670 pages. A beauti-
fully Illustrated collection of essays
taking African American history from
its beginnings on Spanish slave
galleons to current controversies over
I ii >Ik e anil civil rights issues. In \hikc
Ota World Anew is likely to become a
landmark record of the African Amer-
ican experience.
Against Race: Imagining Political Cul-
ture Beyond the Color Line, by Paul
Gilroy. Harvard University Press, 406
pages. A British-bom black Yale soci-
ologist offers a provocative analysis
of contemporary race issues. Arguing
that we use the same constructs the
Nazis used in dividing humanity into
different identity groups based on
skin color, Gilroy excoriates the (cor-
porate- and academic-led) fetishizing
of our identities and differences. The
media and commodity culture have,
he says, driven out all that was best in
black culture in favor of hip-hop and
other cheap militancies. Gilroy con-
cludes by calling for a new, global
cosmopolitanism. (For an interesting
counterview, see Color Conscious: The
Political Morality of Race, by K.
Anthony Appiah and Amy Gut-
mann, Princeton University Press,
191 pages.)
Being Black, Living in the Red: Race,
Wealth, and Social Policy in America,
by Dalton Conley, California Univer-
sity Press, 209 pages. Hanky, by Dal-
ton Conley, California University
Press, 231 pages. A treatise and a
memoir by a youngish white Yale
sociologist who grew up in an African
American housing project on New
York's Lower East Side, both about
the continuing significance of race
(See item above — department meet-
ings must be lively). The first argues
for the primacy of wealth as the chief
determinant i >i so< ial Inequality die
set "ini disc ribes a miserable ( bild
hood .is a white boy in a tough
neighborhood.
Reaching Beyond Race, by Paul Snidei
man and Edward G. < armines, Har-
vard University Press, 19] pages,
paper; and Racialized Politics, edited
by David (>. Sears, |im Sidanius, and
Lawrence Bobo, Chicago University
Press, 432 pages, three schools of
thought govern the question of what
whiles really think about blacks in
America, the first is that whites con-
tinue to harbor negative beliefs and
feelings, but code them in terms of
opposition to race-conscious pro-
grams such as affirmative action and
social programs that are seen —
rightly or not — as primarily benefit-
ing blacks. The second holds that
principled political opposition to
such programs is widespread, and
demands for these programs in
themselves generate antipathy
toward the groups perceived to be
making them. The third is that
whites have an abiding stake in those
differences in power, status and eco-
nomic resources that maintain them
in a privileged position vis-a-vis other
social groups. These two books, the
first by partisans of the second posi-
tion, the other, a sophisticated,
thoughtful overview and debate
among the the principal interlocu-
tors in this discussion, are immensely
useful contributions for anyone try-
ing to understand America's continu-
ing preoccupation with race.
Whiteness of a Different Color: Euro-
pain Immigrants and the Alchemy of
Race, by Matthew Frye Jacobson. Har-
vard University Press, 338 pages. Race
is a social construct. Who gets
defined as what, and with what con-
sequences, depends on the cultural
and political realities of a given time
and place, not on some underlying
biological fact. In this book, Jacobson
describes how various immigrant
groups who arrived in the IV,n and
early 2o,n century, such as the Ital-
ians and Irish, became "re-rai ialized"
as whites in the da ades tli.it fol-
lowed. Among the many valuable
i ontributions of this book is the
forceful reminder oi just how
"other," "foreign," and "alien,
immigrant groups — now so proto-
typically American-were once per-
leivcd as being.
Uneasy Alliances: Raw and Party Com-
petition in America, by Paul Frymer,
Princeton University Press, 214 pages
The author argues that two-part)
competition in the United States leads
to the marginalization of African
Americans as the parties compete for
swing voters, who tend, he asserts, to
be white conservatives. Fending to the
policy interests of the "captured"
black vote is simply not a priority tor
politicians struggling to win over a
majority of voters: witness candidate
Clinton's canny distancing from
African Americans in the 1992 elec-
tion. Frymer's book was written before
President Clinton's popularity with
African Americans was sealed during
the impeachment debates, and would
need to successfully interpret that
phenomenon to be fully convincing.
Jefferson and the Indians: The Tragu
Fate of the First Americans, by
Anthony EC. Wallace, Harvard Uni-
versity Press, 394 pages. Most cri-
tiques focus on Jefferson's ambiva-
lence, not to say hypocrisy, regarding
African .Americans and slavery. This
book focuses on his treatment of the
Indians. An admirer of Indian ways
and a student of Indian languages,
Jefferson also promoted land seizures
and government policies that led to
ethnic cleansing. If it becomes harder
and harder to admire Jefferson, it is
still true that he remains, in the inec-
oncilable enigma of his pulse-quick-
ening rhetoric and squalid behavior.
a tantalizing personification of .Amer-
ica's fundamental ambiguities. c]3
62 Civil Rights Journal / Fall 2000
Slavery, continued from page 1 1
victims ni slaverj experience confinement and degrada-
tion no less abhorrent We need prominent well-funded
civil rights organizations to take the lead in confronting
this violation. Organizations like the American ( iv il Lib-
erties Union, the Anti-Defamation I eague, the National
Organization tor Women, and constituency-based
groups like- the N.VU T. the Organization ol ( hinese
Americans, National ( oundl ol I a Raza, and mam oth-
ers. should consider making this issue a top priority.
Social service providers should recognize a new 'clien-
tele" population, and target services and information
appropriately. \nd the press should engage in a tar more
vigorous coverage ot this issue.
\s Frederick Douglass predicted, the ancient institu-
tion ol slavery cannot be destroyed by simple legal abo-
lition. Though chattel slavery has thankfully been ended
in our country, a more cunning form of human bondage
has risen in its wake. And precisely because this new slav-
ery exploits the gap between law and social reality, it is
all the more incumbent upon civil society to take action.
As Kevin Bales notes, "If Americans were being traf-
ficked out and enslaved in other countries, there would
be a war. There would be bombing." His inversion ot the
situation stands as a stark challenge: Outrage loses its
moral force it selectively applied.
1 will be the first to admit to having failed in con-
fronting domestic slavery. When Dawn called last \ear,
our response was simply inadequate. Local service
groups could have assisted the enslaved Thai woman,
and we could have checked to make sure she was legally
employed. Now we know better, and wre are working on
new initiatives to assist service providers and increase
public awareness [See sidebar on page 9: What to
do if you suspect a ta.se of domestic slavery].
Ultimately, it is ordinary citizens who can do the most
to uncover cases of slavery. People like Dawn, the nurses
in Quincy, and the street vendor in New York City are
just three examples of alert civilians. As Joy Zarembka
remarks, "Our greatest asset is a vigilant public." She
slu mid km iw. I < >r several years she lived in a middle-class
Maryland suburb two doors down from a case of invol-
untary servitude.
"The woman was always working and never left the
house," notes Zarembka. "Had I thought about the situ-
ation and been more pro-active, I could have clone some-
thing. Investigate further anything you suspect, as safely
as pi issible. It not tor the good Samaritan, how would we
lincl out about these cases.'"
Our Historic Responsibility
\finh ot the American civil rights movemenl arose In
response to challenges posed bv the country's terrible
legacy ol white-on-black chattel slavery. Even today,
man) wounds remain open, and many wrongs go unre-
dressed We are still struggling with our nation's great
moral stain.
Because slavery remains an American touchstone,
some in the civil rights community mav feai that action
on contemporary slavery threatens to relativize powerful
historical memories and claims. Amidst a growing dis-
cussion over responses to the continuing legacy ot
African American slavery, some may view growing atten-
tion to this "new slavery" as a harmful distraction. Several
prominent activists have quietly expressed the concern
thai discussions ot modern day human bondage — even
in the United States- -might actually set back the coun-
try's delicate process of making amends.
In the contrary. Liberty is useless unless it is exercised.
I he ultimate expression of freedom is to help liberate
others. Fighting slavery today is how America demon-
strates that it can triumph over a legacy of slavery and
enslavement. A vain attempt to keep a lock on historic
claims ot suffering would fail and would allow others to
suffer the evils we shed our blood to end. America must
be a proud abolitionist nation.
As this young anti-slavery activist was shocked to learn,
slavery is once again an American civ il rights problem, a
violation of the most fundamental right Americans can
have: freedom. 1 believe that as slavery in America
becomes known, civil rights activists — old and new — will
be drawn to the root impulse ot the American civil rights
movement: abolitionism. Our own civil society — not to
mention the world's — may depend upon it. □
lissi Sagi is mi Associate Dire* roROi mi Amerii w
Anti-Si \\i ky Okoup.
Charitable Choice, continued from page 45
Cizik Responds
One wonders where to begin in addressing Rev. Karry
I v nns caustic criticism of charitable choice. At the out-
set, he maintains that it "may be the worst idea in mod-
ern political history." That is a remarkable statement,
given the emerging consensus that charitable choice is
not only .i good idea, an idea whose time has come, but
an idea that is living up to its optimistic billing.
But it is not surprising that I v im reaches false conclu-
sions when he starts with a false premise - that tax dollars
"hit the collection plate." Government funds are not
going tor the spread of a "salvific" message — they air
going to provide social services. Dollars in purchase' ot
welfare services are paid tor performance and so identified
and processed. If a faith-based organization produces
l. ,11 2000 I iv il Rights lournal 63
receipts thai show all the mone) wenl to recipients'
needs and governmenl workers and i riteria determine
who these ret Ipients will be then the purpose ol go\
ernmenl will be served. A prediction is made <>i "unig-
norable" temptations thai will "inevitably subje< t people
to taxpayer-financed evangelism." Again, the "inevitable"
l). is not happened with .1 u-st covering tens oi thousands.
No amounl ol alarmisl rhetoric about "religious hate
groups" or "religious bigots" tan besmirch the <. haritable
choice record. Concern about hate groups seems most
unwarranted. Are they likely to seek or find recruits
doing social work among the disadvantaged, or to com-
pete with the Salvation Army in serving the poorest citi-
zens at little or no profit? While it is a fledgling program,
it is a success and should be expanded because it works.
Mr. Lynn refers to "a raft of Supreme Court decisions"
which hold it unconstitutional for government to
advance religion. He asserts "factors" in some funding
arrangements which purportedly would be disqualifying
under the "advance religion" test. The flaw in this is that
in Mitchell v. Helms the raft of decisions was exhaustively
examined by the Court, and it found "anomalies" with
contradictory and "disparate" lines of reasoning. Two ear-
lier cases [Meek v. Pittenger (1975) and Wolman v. Walter
(1977)] which might have given some credence to Mr.
Lynn's view, had they not already been disregarded in later
cases [i.e. Zobrest v. Catalina Foothills School District ( 1993)],
were then explicitly overruled by the Supreme Court.
While Justice O'Connor, in a concurring opinion with
Justice Breyer, expressed some reservations as to the near
total reliance on the four Justice plurality opinion upon
the neutrality factor, she joined in overruling the earlier
precedents. The charitable choice law, with its cautious
limiting provisions, fully meets the test of the Mitchell
precedent including the factors for consideration dis-
cussed in the concurring opinion. If Mr. Lynn's opinion
ever did express, as he would have it, "the extant consti-
tutional pattern," that is not so now.
Lynn Responds
Richard Cizik's ringing endorsement of "charitable
choice" makes some unjustified constitutional argu-
ments and gives far too much credit to the largely
untested programs he is so pleased to see receive the ben-
efit of government (that is, taxpayer) largesse.
The four members of the Supreme Court who, in
Mitchell v. Helms, were willing to allow the loan of some
computers to Louisiana religious schools would have to
take another long step before they could be seen as
endorsing direct cash subsidies to institutions whose
programs are by definition nearly exclusively religious:
the local church on the corner, for example. Moreover,
the majority of the Court certainly has not abandoned
the test of whether a program is too "pervasively
sectarian" to receive funds 1 ti.it is |us1 wishful thinking
on the Reverend ( izlk's pan We have in no
1 1 shed the principle that by giving funds to secular t
1 /.it mi is, 1 11 it to no religious groups, we have violated the
print [pie oi equal protet don <>t the law.
( in the < ivi) rights front, 1 also believt < Izil m •
fundamental error in his assumption that because reli-
gious liberty has been deemed the "lust liberty" that it
somehow trumps all other < ivil rights com <ms. It is very
difficull tor me to conceive <>t any "right" oi the local
Presbyterian or ( atholit < hurt li to ret eive tax dollars as
more significant than the civil rights of a person who is
not ol thai religious persuasion to have an equal oppor-
tunity to be considered lor employment in a supposedly
secular job there implementing some federal program.
I am not terribly impressed that in a study (done by a
group that supports "charitable choice" by the way) onrj
two pet >ple complained of the religious character of their
placement. The highly vulnerable individuals who
receive benefits under the programs studied are neither
likely to know the law and the potential for secular reas-
signment (since there is no notice requirement) nor any
source of legal help to understand what the conse-
quences of any perceived non-cooperation might be dew
carry a card with the ACLU's phone number). Thus, they
go along with what they are told because they are in des-
perate need of what they are owed.
It is also curious that neither in this study nor any
other academic analysis is it demonstrable that "faith-
based" programs are any more efficient or effective in
meeting human needs than any other avenue. If such
programs have long-term spiritual benefits, I applaud it
as a minister, but still see it, as a constitutional lawyer, as
an impermissible goal if government funds help to
achieve it.
Of course there will be what Cizik calls "new players'1
whenever a new trough of funding appears, but they are
the players least likely to have the background and
expertise to do the job right. Their desire for funding
should not be misconstrued as the equivalent of success-
fully providing the resources needed to achieve results.
Politicians from both parties have already begun
jumping on this bandwagon. Curiously, though, the
same President Clinton whom Cizik quotes in support of
the "emerging consensus" had his Justice Department
try to eliminate many of the constitutional problems I
noted in my original piece with a package of technical
corrections to the Welfare Reform bill, but the effort was
rebuffed in its entirety by the Republican Congress.
Candidates Gore and Bush both like the "charitable
choice" concept. Their propensity to latch onto a new
allegedly "pro-religion" program — in this campaign that
sometimes looks more like a race for national preacher
than President — must be taken with some sizeable num-
ber of salt grains. CT3
64 Civil Rights Journal / Fall 2000
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